Housing Disrepair Claims
Housing Disrepair Claims For Tenants
If you are a tenant and have been experiencing poor housing conditions (housing disrepair), such as a leaking roof, mouldy walls or even an infestation, but your landlord has not responded to your complaints, you may be able to claim back the cost of repairs, or even compensation.
Find out if you could be eligible by using our instant claim calculator.
Starting a claim for Housing Disrepair
What could I claim compensation for?
Financial
Loss
If you suffered financial loss due to your landlord's failure to carry out repairs, you may be entitled to claim.
Damage to
Belongings
You may be entitled to claim if your belongings are damaged by the poor condition of your property .
Personal
Injury
If you have been injured as a result of your landlord’s negligence then you could make a personal injury claim.
Inconvenience
You may be able to claim for inconveniences such as general disruption to your daily life due to the damage.
What is a housing disrepair claim?
Housing disrepair is when a home has become unsafe, uninhabitable, or otherwise unfit for human habitation. The condition of the property can vary widely; it may be that the roof is falling down and there are rats in the basement, or that there are holes in the walls and mould growing on the floorboards.
Housing disrepair can be caused by any number of factors, including poor maintenance by landlords, water damage from flooding or other sources, or even simple wear and tear over time. It is the landlord’s responsibility to to carry out works in a reasonable timeframe.
- Broken or leaking roof
- Rising damp
- Faulty plumbing
- Structural defects
- Broken windows or frames
- Mould growth
- Disrepair of walls & ceilings
- Unsafe Electrics
Housing Disrepair Problems
What issues count as housing disrepair?
Start your housing disrepair claim today
What are the responsibilities of a landlord?
Landlords have a number of responsibilities to their tenants. These include providing a safe, habitable home, maintaining the property, and being responsive to repair requests.
The following are some common responsibilities that landlords must uphold:
Landlords must ensure that their properties are in good condition and do not pose an immediate threat to the health or safety of occupants. They must also provide smoke detectors and carbon monoxide alarms as required by law, as well as other safety features such as first aid kits and working fire extinguishers.
Landlords must maintain their properties in good condition so that they do not pose health risks or violate housing codes. This includes making sure that roofs do not leak and that walls are insulated properly, among other things. Landlords must also keep the building up-to-date with necessary repairs such as broken windows or leaky faucets.
Landlords should respond promptly when tenants report problems with their units. If there is evidence that conditions have deteriorated since the previous inspection and no repairs have been made, then landlords may be held responsible for any injuries sustained by occupants due to unsafe living conditions like mould growth or rodent infestation
Do I need to inform my landlord that I'm making a claim?
In order to make a successful claim for housing disrepair compensation, you must let your landlord know about any issues with their property at least 3 months before starting the process. Please note that in order to make a claim you must have made several attempts to contact your landlord regarding the housing disrepair. You should keep evidence of any contact with your landlord in case it is required to support your claim.
If your landlord ignores your complaints or fails to fix the problem within 3 months, then you can start making your claim for housing disrepair compensation by contacting us. You will need to include details about the disrepair, any costs incurred, any injuries sustained, and your attempts to contact your landlord.
What evidence do I need to make a housing disrepair claim?
When making a housing disrepair claim, you will need to provide evidence of the damage. This includes photographs, videos, and even witness statements. You must also provide evidence of your attempts to resolve the issue with your landlord. When you contact your landlord about the issues in your home, make sure you do so in writing for your records.
Find out if you could be eligible for a housing disrepair claim today!
What does the claims process involve?
The first step to starting a claim is to ensure at least 3 months have passed since you notified your landlord of the disrepair on your property.
Secondly, you should gather evidence of your request and the damage to your home – this can be in the form of photographs, videos, witness statements, etc.
Once you have collected the necessary evidence, contact Stratus Legal Solutions and we will discuss your situation, letting you know if you are eligible to claim. We will need you to provide the necessary documentation and evidence to get your claim started quickly.
You will need to provide the following documentation for us to process your housing disrepair claim:
- Images and/or videos of the damage/disrepair
- A description of the housing disrepair problem(s) and when it was first noticed
- An estimate or receipt for repairs (if one has been provided by a professional)
How does the no win, no fee policy work?
The no-win, no-fee policy is a common feature of legal services. It means you pay nothing if you lose the case, so it’s worth considering even if you think your chances of winning are slim.
You do not have to pay anything provided you have not done the following:
If you have deliberately hidden or lied about a certain aspect of your claim, you may be required to cover costs for time spent on the case.
For example, by failing to provide the law firm with documentation when requested.
If you terminate the claim agreement early, you will be required to pay an early termination fee to cover the costs incurred by the law firm.
You do, however, have a 14-day ‘cooling off’ period, after which, charges will apply.
Do I have to use a claims management company to make a claim?
You do not need to use a claims management company to make your complaint. If your complaint to your landlord was not successful, you can refer it to the Housing Ombudsman Service yourself for free.
How much can I claim for Housing Disrepair?
The amount you could claim depends on several factors, including how much damage was done to your home, the cost of repairs, if you were able to live in your home, if there were any personal injuries caused, etc. Without all the information, we cannot give you a minimum figure as it varies from case to case. To receive an estimation, contact us via phone at 0333 344 5324 or use our claim calculator form and a member of our housing disrepair team will be in touch.
Can I make a claim for both disrepair and inconvenience?
Yes, you can make a claim for both disrepair and inconvenience caused as a result of the disrepair issues as long as you have sufficient evidence. You may also be able to claim for personal injury too.
Can I make a housing disrepair claim against my private landlord?
Unfortunately, we cannot take on claims against private landlords. We work with tenants who live in homes owned by housing associations and local councils, due to the fact that these organisations are more likely able to immediately pay any redress awarded by the court.
What evidence is needed to support a housing disrepair claim?
To support a housing disrepair compensation claim, the tenant should gather as much evidence as possible, including:
- Photos or videos of the disrepair
- Any correspondence with the landlord regarding the disrepair
- Any receipts or invoices from professionals who fixed any disrepair issues.
With the tenant’s permission, we will request medical records if a claim for personal injury as a result of poor housing conditions is made.
How many photographs do I need to provide of the damage?
In order to provide sufficient evidence to support your case, you must provide a minimum of 10 images or videos matching each allegation (make sure they are clearly labelled by room).
Do you have specific service areas for housing disrepair claims?
We work with clients who are tenants of housing association /council housing all over England and Wales. We do not restrict claims to a certain area, however, due to restrictions with taking housing disrepair cases to court, we can only work with clients residing in England and Wales. Although we would love to help everyone, we cannot work with tenants residing in Scotland, Ireland, or anywhere outside of the UK.
Is there a time limit on making a claim?
Yes, there is. As with all litigation claims, there are limits on how much time you have to make a case against the defendant. This varies with each case, depending on the circumstances. Therefore, we really recommend that you get in touch as soon as possible about your disrepair.
Do you offer a free consultation?
Yes, we do, we are just a phone call away. If you are unsure whether you have a claim, you can get in touch and we will go through your situation with you over the phone.
We offer a no-obligation service, meaning that if you decide against making a claim after speaking to us, we will not push you to do so!
What is the process for making a Housing Disrepair claim?
The process for making a housing disrepair compensation claim involves:
- Fill in the online form to start the claims process.
- Once we receive your enquiry, we will give you a call to discuss your situation – here we will ask a series of questions to determine whether you meet the initial claim criteria.
- If we find you are eligible, the information you have provided will be sent to the law firm to determine whether your case is likely to win (your chance of success is viable) and, on this basis, either accept or reject the case.
- If your case is accepted by the law firm, you will then receive a phone call and email requesting evidence of the disrepair. A member of our team will talk through everything we need to support your case.
- You will receive an email from the Law Firm with a link to an online document, which you will need to read through and digitally sign. This is the Conditional Fee Agreement (CFA) where all the costs, fees, and terms of the claim process will be outlined.
- Once you have signed the CFA, this will be sent to the Law Firm to vet. We will also send a surveyor to your property to collect official evidence.
- Once the surveyor has collected the necessary evidence, the Law Firm will open your case file and write to your landlord (Housing Association/Local Council). This is where your case for compensation will be built against your landlord.
- If your landlord does not engage with the Law Firm, your case will go to court.
Are there any hidden fees I should be aware of?
As we are regulated by the Financial Conduct Authority (FCA), we must ensure that you understand what you’re signing up for when making a claim. That is why we are completely transparent with fees and processes.
The Law Firm offer a ‘no win, no fee’ service, meaning that they will take no fees if your case does not make it through the claims process. However, if you do decide to back out of the claims process, after the 14-day ‘cooling off’ period, you may have to pay a termination fee to cover the law firm’s costs. This is clearly outlined in the CFA, and a member of our team will discuss this with you during your consultation.
At Stratus Legal Solutions, we do not take any fees from our clients, however, we may receive a fee for our services from the Law Firm.
If you have any questions regarding fees, please do not hesitate to contact us via the online contact form, or by phone (0333 344 5324).