Housing Disrepair
If you’re a tenant living in a home that’s not fit for purpose or unsafe, you’re in the right place. Understanding your rights and the steps you need to take can help you secure the living conditions you deserve.
Who Can Make a Claim?
Whether you live in a council house or a property managed by a housing association, you can make a housing disrepair claim. Both council and housing association landlords have legal obligations to maintain the properties they rent out. If you've already made a complaint about the state of your home and no action has been taken to rectify the issues, you may be eligible to make a claim.
Housing Disrepair Claims
Housing disrepair claims arise when a rental property falls into a state of disrepair that negatively impacts your living conditions. According to a report by the English Housing Survey, approximately 23% of private rented homes failed to meet the Decent Homes Standard. These statistics highlight the prevalence of housing disrepair issues and the importance of tenants knowing their rights.
Legal Responsibilities of Landlords
Landlords are legally required to ensure that their properties are safe, habitable and in good repair. This includes:
Structural Integrity
The property must be structurally secure.
Walls
The home must be free from damp and mould.
Safety Features
Gas, electricity and fire safety regulations must be strictly adhered to.
Sanitation
Proper sanitation, including working plumbing and drainage systems must be provided.
Basic Facilities
Essential amenities such as heating, hot water and kitchen and bathroom facilities must be maintained.
Type of Claims
Damp and Mould:
Persistent damp and mould can lead to respiratory issues and other health problems.
Leaking Roofs and Windows:
Leaks can cause significant damage to personal property and contribute to mould growth.
Faulty Heating Systems:
A lack of adequate heating can make a property uninhabitable, especially during winter months.
Unsafe Gas and Electrical Systems:
Faulty wiring, gas leaks, and outdated systems pose serious health and safety risks.
Pest Infestations:
Rodent or insect infestations can cause damage to the property and create unhygienic living conditions.
Damages You Can Claim
When making a housing disrepair claim, you may be entitled to various types of compensation, including:
Specific Performance
We will ensure your landlord completes the necessary works in line with an expert surveyor’s report. If needed, we can obtain an Order from the court if your landlord does not comply.
Rent
Compensation for the period your home was in disrepair, reflecting the reduced value of your living conditions.
Personal Injury
If the disrepair has caused you or your family physical harm, you can claim for injury, medical expenses and other related costs.
Personal Property
Reimbursement for personal belongings that have been damaged or destroyed due to the disrepair.
Inconvenience and Distress
Compensation for the inconvenience, stress, and discomfort caused by living in substandard conditions.
Gathering Evidence For Your Claim
To strengthen your housing disrepair claim, it’s crucial to gather substantial evidence:
Report The Issue:
Notify your landlord in writing about the disrepair. Clearly describe the issues and request repairs.
Wait For A Response
Allow a reasonable period for your landlord to respond and address the problems. This period can vary but is generally considered to be around 14 to 28 days.
