When can a tenant claim compensation?
You may be able to pursue a housing disrepair claim if you are a housing association or local council tenant, have reported the problems to your landlord and your landlord has failed to carry out the necessary repairs within a reasonable time.
Every case is different, so your individual circumstances will need to be assessed.
What makes a home unfit for habitation?
A property may be considered unfit for habitation where serious defects affect whether it is reasonably suitable for occupation.
Issues can include problems relating to repairs, damp, stability, ventilation, water supply, natural lighting, drainage, sanitary conditions and other hazards.
Do I need a solicitor to make a housing disrepair claim?
You are not necessarily required to instruct a solicitor, but specialist legal advice can help you understand your rights and the evidence required to support your claim.
A solicitor can also deal with your landlord or their representatives on your behalf and advise you on the legal process.
Can I withhold my rent because of disrepair?
You should not simply stop paying your rent because your landlord has failed to carry out repairs.
Withholding rent can potentially put you at risk of possession proceedings or other action by your landlord.
If you are experiencing serious disrepair, seek legal advice about your options.
How much do solicitors charge for a housing disrepair claim?
If we consider that you have a viable claim, we may be able to act under a No Win No Fee agreement.
The terms of the agreement, including any success fee, deductions and applicable insurance arrangements, will be explained to you before you proceed.
Do I need evidence to support a claim?
Evidence can be very important.
You should keep records of when you reported the disrepair and retain copies of emails, letters, photographs, repair reports and other correspondence with your landlord.
Photographs of the problems within your property can also be useful.
If you are claiming for damage to personal belongings, evidence of ownership, photographs and receipts may be required.
If you are claiming that the condition of your home has affected your health, medical evidence may also be relevant.
Can I make a housing disrepair claim myself?
You may be able to complain directly to your landlord or use an appropriate complaints or redress process.
However, if you believe you have a legal claim for disrepair and compensation, you may wish to obtain independent legal advice about your circumstances before deciding how to proceed.
Can I be evicted for complaining about repairs?
Your landlord must follow the appropriate legal process if they want to end your tenancy.
Simply reporting repairs does not automatically give a landlord the right to evict you.
If you are concerned that your landlord is taking action against you because you have complained about the condition of your home, seek legal advice promptly.
What is the time limit for housing disrepair claims?
Housing disrepair claims can be subject to a six-year limitation period, although the precise position depends on the circumstances.
Where a claim involves personal injury, a three-year limitation period can apply.
The limitation rules can be complicated, so it is important to seek legal advice as soon as possible.
What are the most common housing disrepair issues?
Common problems include:
- Damp and mould
- Leaks and water damage
- Broken boilers and heating systems
- Faulty electrical systems
- Defective windows and doors
- Structural damage
- Plumbing and drainage problems
- Pest infestations
- Damaged kitchens and bathrooms
- Roof and ceiling problems
This list is not exhaustive.
