Housing disrepair compensation claims
If you live in a rented property that is not being properly maintained by your landlord it could be time to speak to CJS Solicitors.
As a tenant, you have a legal right to live in a home that is safe and secure, and free from any issues of disrepair that could cause you or your family harm or discomfort.
The housing law applies if you:
- rent privately
- rent from a housing association
- rent from a local council/authority
Most landlords – whether in the private sector, or in council or housing associations – are responsible and ensure that their properties are secure, safe and free from disrepair. But a significant minority of landlords are in breach of their obligations to their tenants to keep rented properties in good repair.
If you are living in conditions of disrepair and have already raised the issues with your landlord, you have a right under the housing law to expect those repairs to be carried out within a reasonable time of your making a complaint. If the landlord has not fixed the problem in that time, you can take legal action by making a housing disrepair claim.
If you live in social housing or are a council tenant and your home is in a state of disrepair, our lawyers at CJS Solicitors will be able to support you in making a claim to get your home returned to a habitable condition. You may also be entitled to compensation if you have suffered as a result of the housing issues you have endured.
Contact CJS Solicitors today and speak to a member of our specialist housing disrepair team.
Can I make a housing disrepair claim?
Landlords have a legal obligation to ensure that their properties are warm, dry, safe and secure for their tenants to live in. A housing disrepair claim arises when a rented property is in need of repair in order for it to be safe, secure and suitable for tenants to live in.
If you are a tenant living in rented accommodation, your landlord is required by law to make sure that the property:
- is in a good state of repair structurally
- is free from damp and mould
- has a working heating system
- has access to working electricity, gas and water
- has functioning sanitation facilities i.e. toilet, basins, sinks, etc.
- is free from vermin or insect infestation
If your landlord fails to carry out remedial work within a reasonable length of time after the issues are reported by you, then you might have a housing disrepair claim.
You can bring a housing disrepair claim whether you’re a social tenant living in either a housing association or a council-owned property, or a private tenant with a private landlord.
Your landlord is obliged to keep the interior and exterior of your home in good repair. If you have a problem with one or more of the following you might be able to bring a housing disrepair claim:
- the building has been neglected and is in a bad condition
- the building is unstable
- there’s a serious problem with damp
- it has an unsafe layout
- there’s not enough natural light
- there’s not enough ventilation
- there is a problem with the supply of hot and cold water
- there are problems with the drainage or the lavatories
- it’s difficult to prepare and cook food or wash up
Making a housing disrepair claim against your landlord
If you have not already done so, the first step you need to take is to complain to your landlord. If they fail to carry out the repair or simply ignore the issues you have raised, you then need to contact our specialist housing solicitors.
Your initial consultation with CJS Solicitors is free. Our team will listen to you to assess your current situation and advise on whether you have a good case against your landlord. It will be important for you to send us copies of any written complaint you have made against your landlord together with any photographs or videos you may have taken of the disrepair. At this initial stage, we will gather as much evidence as we can in order to assess whether you have a valid claim and, if you do, how much your claim might be worth.
How much can I expect to receive in housing repair compensation?
Of course our main concern at CJS Solicitors is that your landlord carries out the repairs necessary to return your property to a habitable state. But as you and your family may have had to put up with the disrepair for a considerable period is it is only fair that you receive the compensation to which you are entitled.
As each housing disrepair claim is different, there are no published guidelines as to the level of compensation you could receive. But broadly speaking, factors such as the severity of the problem, the number of rooms impacted by the disrepair, the impact on your health and any damage to your personal belongings will all be taken into account.
No Win No Fee solicitors
Once we have considered your case, we will let you know if you have an eligible housing disrepair claim. If we decide you do have a claim, we will proceed on a ‘No Win No Fee’ basis. This is known as a Conditional Fee Agreement, which means you are financially protected because, if we do not win your case, you do not pay anything. If we win you case for you, you will pay us a success fee, which will be capped at a maximum of 25% of any compensation you receive. We may advise you to take out insurance to protect you against legal costs in the event that you lose your case.