Question 1

Who can make a housing disrepair claim?

Accepted Answer

If you are a social housing tenant you could be eligible to make a housing disrepair claim. If your council or housing association is failing to make repairs in a timely manner, you could be entitled to claim against them.

Question 2

How long does a housing disrepair claim take?

Accepted Answer

The length of the claim can depend on the complexity of your case. Factors that influence the duration of the claim can include: the severity of the damage, the landlord's willingness to comply and whether court proceedings will be required. Typically a claim can take around 6 months but can be longer or shorter depending on your case. For example we have had some cases settle within two months from the date they began.

Question 3

What responsibilities does my landlord have?

Accepted Answer

Landlords have a responsibility to ensure their properties are fit for human habitation. These responsibilities mainly fall under Section 11 of the Landlord and Tenant Act 1985. This Act outlines that landlords are responsible for maintaining and repairing the structure of the building. They must also keep gas and water pipes, electrics and boilers in working order. The Homes (Fitness for Human Habitation) Act 2018 provides further protections. It makes landlords responsible for ensuring the home is fit for human habitation from the start of the tenancy and throughout. The Act gives tenants the right to take their landlord to court if these responsibilities are not met.

Question 4

Will I be required to pay for repairs myself?

Accepted Answer

No, you will not be required to pay for the repairs yourself. Your landlord will be responsible for paying the costs and carrying out the repairs.

Question 5

What sort of disrepair can I claim for?

Accepted Answer

You can claim for several types of disrepair. This includes mould, damp, cracks, infestations, structural damage and faulty heating systems. You may also be able to claim for injury and illness caused by the disrepair, damage to your belongings and any inconvenience you may have incurred due to the disrepair.

Question 6

Can I withhold rent if house is in disrepair?

Accepted Answer

No, you should never withhold rent from your landlord. You will be in breach of your tenancy agreement if you do so. This can lead to your landlord filing a counterclaim against you. Ensure all rent is paid in full to avoid this.

Question 7

Can I claim for illness or injury caused by my disrepair?

Accepted Answer

You could be able to make a claim for illness and injury caused by the disrepair to yourself or a member of your family living at the property. This can include ailments such as respiratory problems caused by damp and mould or injury caused by collapsing ceilings.

Question 8

How much evidence do I need to make a claim?

Accepted Answer

You will need to gather evidence in order to bring about a housing disrepair claim. This includes time-stamped photographs of the disrepair. If any repair work has been attempted ensure you photograph this also. Keep any receipts you have incurred as a result of the disrepair. Keep a record of all letters and emails from the landlord. If you have suffered illness due to the disrepair obtain a copy of medical notes which details the illness caused by disrepair. Our team here at the Tenant Support Helpline are here to assist in evidence collection to build the strongest case against your social landlord.

Question 9

Can my landlord evict me for making a claim?

Accepted Answer

By law, your landlord cannot evict you for making a housing disrepair claim. However, you may not be covered by legal protections if you are in rent arrears and do not have a payment plan in place. It’s vital this is sorted before proceeding to make a claim.

Question 10

How do I complain about disrepair of my housing association?

Accepted Answer

You should check your housing association's company policy on how to issue a complaint. Ensure the complaint is given in writing. Detail all problems you are having within the complaint. Keep a record of the date you issued the complaint and how many complaints have been issued in total. Also keep a record of the association’s response once they reply. Should your repairs not get completed in a timely manner following the complaints, get in touch with the team here at Tenant Support Helpline.

Question 11

Can I avoid going to court for a housing disrepair claim?

Accepted Answer

The vast majority of cases are settled before reaching court, meaning repairs are typically completed and compensation is received without the need for trial. However, this depends on your landlord's compliance. Your landlord may agree to carry out the repairs and pay damages without the need for court. However, if the landlord disputes the claim or fails to complete the repairs in a timely and satisfactory manner, court proceedings may become necessary.

Question 12

How much compensation can I get for my housing disrepair?

Accepted Answer

The amount of compensation differs from case to case. The severity and duration of the disrepair, special expenses as well as illness and injury will all be taken into consideration before an amount is awarded. Compensation amounts will normally range between 30% - 50% of your annual rent. The tenant’s rent amount will then be calculated against the amount of time the disrepair has been present for. Special expenses such as damage to property can also be added to this amount if the tenant is able to prove the disrepair caused the damage.

Question 13

What laws govern housing disrepair claims?

Accepted Answer

There’s a number of key legislation that facilitates the ability to make a housing disrepair claim. The Landlord and Tenant Act 1985 ensures the landlord keeps the property and all installations in good repair. The Homes (Fitness for Human Habitation) Act 2018 further adds to this. It mandates that the property is fit for habitation all the way throughout the tenancy and gives tenants the power to take legal action should this not be the case. The Social Housing (Regulation) Act 2024 included ‘Awaab’s Law’. This set out time limits for social housing landlords to address disrepair such as mould and damp.

Question 14

Can I make a claim if I’m no longer at the property?

Accepted Answer

Unfortunately, you are unable to make a claim if you no longer live at the property.

Question 15

Do I need to notify my landlord before making a housing disrepair claim?

Accepted Answer

You must notify your landlord of your intention to make a housing disrepair claim 21 days before you do so. This can be through email, letter, text or in person. It’s advisable to do so in writing through email to provide you with a time and date stamp of this notice.

Question 16

How can a solicitor help me through this process?

Accepted Answer

A solicitor can represent you throughout what can be quite a stressful process and fight for the best outcome for you. Solicitors can send their own property inspectors to build a clear image of the extent of the disrepair to maximise the amount of compensation you could be owed. The solicitor will gather all evidence needed such as photos, emails and accounts from other tenants to build a solid case. They can also consult with your doctors to show the full effects of the disrepair on your health. Should the case go to court, your solicitor will represent you and present your case on your behalf, reducing the stress of the courtroom but maximising the chance of a successful outcome.

Question 17

How can I prove my landlord had knowledge of the disrepair?

Accepted Answer

You can prove your landlord had knowledge of the disrepair by keeping a record of all correspondence between you and the landlord regarding the disrepair. Keep a copy of all emails, letters and texts you have sent your landlord regarding this. Also, keep a copy of any acknowledgement from your landlord in response to your complaints.

Question 18

What does it cost to make a housing disrepair claim?

Accepted Answer

There are no upfront costs when making a housing disrepair claim with us. You will only be charged if the case is won and this amount will be taken straight out of the compensation. This gives everyone, no matter their financial circumstance, the chance to seek legal representation.

Question 19

Can I make a claim with you if I have a private landlord?

Accepted Answer

Unfortunately, our services are only available to tenants living in council housing or in a housing association property.

Question 20

How can I contact your team to make a claim?

Accepted Answer

You can contact our expert team on 01422 557868. Or via email at hello@tenantsupporthelpline.co.uk.

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