Step-by-Step Guide: How To Make A Housing Disrepair Claim
Living in a home that’s rotting, cold, or unsafe is not just uncomfortable, it can have a serious impact on your health and wellbeing.
As a tenant, you have the legal right to live in a property that is safe and properly maintained.
If your landlord is neglecting essential repairs, you could be facing issues like damp & mould, broken heating, leaks, and more. All of which can make your home uninhabitable.
In these situations, you don’t have to just “put up with it.” You have the right to make a housing disrepair claim, a formal process where you can ask your landlord to carry out the necessary repairs, and even seek compensation if the disrepair has caused harm to your health or property.
But where do you start? How do you know if your situation qualifies as housing disrepair? And what steps should you take to ensure that your landlord addresses the problem quickly?
In this step-by-step guide, we’ll walk you through everything you need to know about making a housing disrepair claim. From understanding your rights to taking legal action, if necessary.
No one should have to live in poor housing conditions, and knowing how to take action can help you protect both your home and your health.
1. Understanding Your Rights
Under the Homes (Fitness for Human Habitation) Act 2018, all rented homes must be safe, healthy, and free from serious hazards at the start and throughout the tenancy.
This applies to all tenancies in England (since March 2019) and covers issues like damp & mould, structural problems, broken boiler, drainage issues, vermin infestation, etc.
It is your landlords responsibility to repair any damage to your property. You have the right to live free from health and safety hazards in your property.
You can read more about your rights as a tenant here.
2. Identify The Disrepair
When you first identify issues in your property, it’s important to document them.
Take clear photos and videos of the disrepair. Make detailed notes about the problems and include dates of when they were first noticed.
This is important because if you don’t have photos and videos of the disrepair, along with the dates of when they first appeared then you may be unable to prove how long you have been living in disrepair for, which can effect the amount of compensation you may be eligible to receive.
Common disrepair issues include:
- Damp or mould
- Broken heating systems
- Leaky roofs or pipes
- Unsafe electrical wiring
- Cracked walls or windows
- Drainage issues
- Vermin/Insect infestation
3. Report The Disrepair To Your Landlord
After documenting your disrepair, you should then inform your landlord of the disrepair in writing. This can be done via an email or letter.
If the issue is urgent, for example a lack of heating or hot water, dangerous electrics, or a major leak, then contact your landlord by phone.
When writing to your landlord, include a clear description of the issues, attach photos and videos, and ask for a date of when you can expect the repairs to be completed.
Give your landlord a reasonable amount of time to respond, 14 days is usually plenty.
Your landlord should acknowledge your issues, give you an estimation of when you can expect them to be fixed, and in some cases book a visit to your property to inspect the disrepair.
Again, keep a record of your letter or email as this can support your claim, if you need to make one.
4. What To Do If Your Landlord Doesn't Respond or Refuses To Fix The Issue
If your landlord refuses to make the necessary repairs or doesn’t respond at all, you should make a formal complaint in writing. Ensure to give your landlord a reasonable amount of time to get back to you.
5. Seek Legal Advice & Start Your Housing Disrepair Claim
If you hear nothing back from your landlord after sending a formal complaint, it is at this point we recommend seeking legal support to make a housing disrepair claim.
Your solicitor will thoroughly explain the claims process to you and what they’ll need from you.
Typically they will need photographs and videos of your disrepair, written correspondence with your landlord, and health or medical records (if the disrepair has caused illness or injury).
6. Outcomes of a Housing Disrepair Claim
If your claim is successful, your landlord will be required to carry out the repairs within a set timeframe.
You may also receive compensation for the inconvenience, damage to your belongings (if any), and health issues caused by the disrepair (if any).
When it comes to compensation in a housing disrepair claim, there are a few factors that effect the amount you may receive. These are:
- The rent you pay
- The severity of the disrepair
- The amount of time you’ve been living with the issues
- Any rent arrears
Compensation is usually paid on a percentage basis:
- 25%: Mild issues (damp & mould in one room)
- 50%: Widespread disrepair effecting day-to-day life
- Up to 100%: Completely uninhabitable
Below is a brief example and shouldn’t be used as an estimate of what you may receive, you may receive more or less than the example below.
Let’s take a case where a tenant has been without heating and hot water for three months in the winter:
- Monthly rent: £900
- Duration: 3 months
- Compensation Percentage: 75% (no heating and hot water in winter is considered severe)
£900 (monthly rent) x 3 (duration) = £2,700 x 0.75 (percentage) = £2,025
It’s important to note, if you are in rent arrears with your landlord then this legally has to be paid with your compensation.
As an example, if you’re awarded £2,025 in compensation but owe your landlord £450 in unpaid rent, then you will receive £1,575 in compensation and you’ll no longer be in rent arrears.
7. No Win, No Fee, No Worry!
If you believe you qualify to make a housing disrepair claim, click the button below and we’ll be in touch shortly thereafter.