Can I Claim Compensation for Housing Disrepair?
If you are a tenant living in a rental property in a state of disrepair, you may have a housing disrepair claim.
In this blog, our Landlord and Tenant Solicitors explain whether you can bring a housing disrepair claim.
Contact our Disrepair Claim Lawyers for advice on tenant rights and making a disrepair claim.
Can I claim for housing disrepair?
Three things protect tenant rights:
- Their tenancy agreement.
- Landlord and tenant law.
- Health and safety regulations.
If a landlord breaches any of these three items, a tenant may be able to bring a claim for housing disrepair. It's best to speak to a Tenant Lawyer about your options. They may recommend a letter before action, robust negotiation and an early settlement rather than court proceedings. Landlords who recognise they are at fault are often willing to rectify the disrepair and provide compensation rather than risk a housing disrepair claim.
What is housing disrepair?
Housing disrepair covers a wide range of issues. Some people think it is confined to cases of severe mould on walls, but it is far broader in scope.
A tenant can claim for disrepair if their landlord has not complied with their UK landlord obligations. These are contained in Section 11 of the Landlord and Tenant Act 1985.
Section 11 of the Landlord and Tenant Act 1985
Section 11 of the Landlord and Tenant Act 1985 states that a landlord must:
- Keep the structure and exterior of the rental property in repair. This includes drains, gutters and external pipes, and
- Keep the supply of water, gas, electricity and sanitation in working order, and
- Keep the heating system and the system for heating water in proper working order.
Raising a disrepair dispute with your landlord
It can be challenging to report a disrepair issue to a landlord. You may have a good or poor relationship with your landlord and fear that they will initiate possession proceedings and obtain an eviction order.
Whatever your circumstances, you need to raise the disrepair issue, as the problem will not usually resolve itself unless you bring it to the landlord’s attention and request action.
The disrepair could be an urgent matter, such as a lack of running water, a broken boiler, or a rat infestation. Alternatively, it could be the start of mould, and without investigation into its cause, an unsightly mark on the walls could become a significant health risk.
If you need compensation because you suffered harm due to landlord disrepair, your prospects of securing compensation or the amount you receive could be affected by when you notified the landlord about the disrepair.
Tips on telling a landlord about a disrepair
Our Landlord and Tenant Solicitors' tips for telling a landlord about a disrepair are:
- Make sure you inform your landlord in writing.
- Check who you need to inform – landlord or letting agent.
- Ensure you do not delay in letting the landlord or letting agent know.
- Keep photos or videos of the disrepair.
- Give the landlord and tradesperson access to fix the repair.
These tips may seem obvious, but as Housing Disrepair Claim Lawyers, we often come across situations where:
- The disrepair report was initially made verbally, and the tenant has no evidence of the report. If you speak to the landlord directly, follow up with a text or email to confirm the disrepair report and what the landlord agreed to do about it.
- Check who the disrepair reports need to be made to. Some letting agents are only responsible for letting the property and leave the landlord responsible for managing the tenancy.
- You may not be able to claim compensation for a disrepair if the landlord was unaware of the problem and the harm was caused before their knowledge.
- In some cases, a landlord may dispute the extent of the damage to the property. It can be helpful to have evidence of the initial problem. For example, a landlord may perform a quick fix to eliminate mould growth and then dispute the extent of the earlier issue.
- If you bring a housing disrepair claim and seek compensation, a landlord can push back if they can say the issue was not quickly fixed because you did not grant access to sort out the disrepair. If the repair is non-urgent, a landlord should give at least 24 hours’ notice for access.
Consult a Housing Disrepair Claim Lawyer today
At OTS Solicitors, the team of Disrepair Lawyers specialise in both simple and complex disrepair claims. We will discuss your disrepair issue with you to understand the nature of the problem, explain how the law and regulations apply to the disrepair, outline your rights as a tenant, and provide options for obtaining compensation. If your landlord is pursuing a revenge eviction or has been engaging in a campaign of landlord harassment, we will advise you on how to defend the possession proceedings and secure compensation.
Contact our Disrepair Claim Lawyers for advice on tenant rights and making a disrepair claim.
Frequently Asked Questions on Housing Disrepair Claims
Do I need a lawyer to make a disrepair claim?
You don’t need to have a lawyer to make a claim as a tenant or to pursue your legal rights as a tenant. However, having a lawyer on your side can expedite the process and ensure that you and your family receive the compensation you deserve.
Will I have to go to court to get disrepair compensation?
Whether you need to go to court to obtain compensation depends on the evidence we can secure to support your claim and whether your landlord is willing to agree to a compensation payment that you are prepared to accept. Most of the cases where we help tenants ensure they receive compensation are resolved amicably and without the tenant having to go to court.
How much compensation will I get for my property disrepair claim?
It's impossible to determine the amount of compensation you will receive without having some information about the property's disrepair and how it has affected you and your family members. If you instruct our experts, we will spend time exploring the extent of the problems you experienced, the impact on you and explaining how this will influence the amount you receive in compensation.
When can I make a housing disrepair claim?
To apply for disrepair compensation, you must wait three months after informing your landlord and before commencing court proceedings. However, you may need tenant legal advice earlier than that if your landlord is trying to evict you from the property through illegal harassment or attempting to carry out a revenge eviction due to earlier disrepair promises made but not fully kept by the landlord. If the landlord has tried to serve a Section 21 notice or alleged that you are in breach of the tenancy agreement, the Section 21 notice may not be valid, and you may be able to show that you are not in breach of the terms of your tenancy agreement.
Contact our Disrepair Claim Solicitors Today to discuss a disrepair claim.
Appointments are available at our offices in central London, by phone, and online.
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