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According to the Government, 19% of all UK households were privately rented in 2021-22. These households that expect with the payment of their rent, security deposits, and other fees, their homes will be safe and adequate for living. But what happens when they aren’t?
In this guide, we’ll discuss when and how you could make a housing disrepair claim and how you can make a personal injury claim if you’ve been harmed by disrepair in your rented property.
Then, our guide will cover compensation. We’ll talk about the different types of compensation that can go into a personal injury claim, and how each type is calculated. We’ll also provide some examples of compensation guidelines from a popular document used to help calculate settlements.
Finally, we’ll answer some frequently asked questions, including whether or not you can be evicted for making a housing disrepair claim, how long claims can generally take, and whether or not you could be compensated for mould.
Contact Us
If you’re interested in making a claim, but you don’t want to do it alone, we can help. Our expert No Win No Fee solicitors have years of experience in both personal injury and housing disrepair claims, and could help you get the compensation that you deserve.
Contact our team of advisors today to get started by:
- Calling us on 0161 509 2856
- Contacting us online
- Using the live chat feature
Browse Our Guide
- What Is A Housing Disrepair Claim?
- What Can I Claim Housing Disrepair Compensation For?
- How Do I Make A Housing Disrepair Claim?
- How Much Personal Injury Compensation Could I Receive?
- Can I Be Evicted For Making A Housing Disrepair Claim?
- How Long Can Housing Disrepair Claims Take?
- Can I Claim For Housing Disrepair Using A No Win No Fee Solicitor?
- Useful Resources About Personal Injury Claims
What Is A Housing Disrepair Claim?
When you rent a property, either privately or through a housing association, you expect that property to be liveable. However, many properties in the UK are left in disrepair by their landlords, with issues like mould and gas leaks going unrepaired.
If your property is affected by disrepair, then you could potentially make a housing disrepair claim. Under Section 11 of the Landlord and Tenant Act 1985, your landlord has a responsibility to keep in good repair:
- The property structure
- Exterior areas
- Utility supplies
- Sanitation fixings
To be eligible to make a claim, you need to prove that your landlord knew about the disrepair and that they did not take action to make repairs within a reasonable period of time.
Could I Make A Personal Injury Claim?
If you have been harmed by the disrepair in your home, then you may be able to make a personal injury claim. This is because landlords can be held liable for this kind of disrepair under Section 4 of the Defective Premises Act 1972.
To claim personal injury compensation for housing disrepair, you need to prove that:
- Your landlord knew about the defect, OR they didn’t do enough to identify potential defects
- They did not make necessary improvements or repairs in a reasonable timeframe
- This resulted in you suffering from an injury or illness
For example, if your staircase had been broken for six months and your landlord was aware and made no attempt to fix it, you could potentially make a housing disrepair claim. If the staircase then collapsed, causing you to fall down the stairs and suffer a back injury, then you could also potentially make a personal injury claim.
It’s important to note that you don’t need to pick one; if you are eligible to make both claims, you can pursue both avenues.
It also doesn’t matter if you’re a private tenant or rent from a council housing association; both need to make sure that their properties are fit for human habitation.
Contact our team to start your No Win No Fee housing disrepair claim today, or keep reading for more information on how to claim.
What Can I Claim Housing Disrepair Compensation For?
So, what could you claim housing disrepair compensation for? It’s unlikely that you’d be able to claim for things like peeling wallpaper, but you may be able to claim compensation for:
- Structural damage, like crumbling walls and broken windows
- Excess heat or cold and broken heating systems
- Broken utility systems that leave your home without water or heat
- Lead, asbestos, and other hazardous materials used while building
If your landlord is made aware of any issues that make your property unliveable and start repairs withing a reasonable timeframe, you may be unable to claim. However, if these issues go unresolved, then you could be eligible for compensation.
Contact our team of advisors today to find out how our solicitors could help you make a housing disrepair claim.
How Do I Make A Housing Disrepair Claim?
There are multiple steps involved in making a housing disrepair claim, and one of the most important is gathering evidence. Whether you’re claiming solely for disrepair, or alongside personal injury, evidence is crucial.
Some examples of evidence that you could use to prove your claim include:
- Photographs of the disrepair
- A copy of the tenancy agreement for the rented property
- Communication between you and your landlord, making them aware of the disrepair
- Medical records that illustrate injuries or ill health caused by the disrepair
- Witness statements from friends or family who have seen the disrepair
These are only a few examples of evidence that you could use to help your claim. Keep reading to learn more about housing disrepair and personal injury compensation, or contact our team today to get started.
How Much Personal Injury Compensation Could I Receive?
If you suffered physical or mental injuries as a result of the housing disrepair, then you could receive general damages. This is one of two potential heads of personal injury compensation that you could receive.
For example, insufficient heat in a household can cause respiratory illnesses like asthma and bronchitis, and structural damage can cause slips, trips, and falls, or even building collapses that cause broken bones, neck injuries, brain injuries, and more.
When this head of the claim is calculated, professionals will often refer to the Judicial College Guidelines (JCG). This is because it has compensation guidelines for different injuries and illnesses that could be caused by housing disrepair.
You can take a look at the table below for some examples of these amounts, but please note that they aren’t fixed, and that the first entry is not from the JCG.
| Injury | Compensation | Notes |
|---|---|---|
| Multiple Severe Injuries And Special Damages | Up to 500,000 + | Serious harm on multiple counts with special damages, like lost earnings. |
| Lung Disease (a) | £122,850 to £165,860 | A serious disability in a young person causing a premature death. |
| Lung Disease (b) | £85,460 to £118,790 | Lung cancer in an older person that causes a significant dip in quality of life. |
| Lung Disease (c) | £66,890 to £85,460 | Emphysema and other diseases that negatively affect lung function and all aspects of life. |
| Lung Disease (d) | £38,210 to £66,920 | Breathing difficulties that result in the need for an inhaler. |
| Lung Disease (e) | £25,380 to £38,210 | Wheezing and bronchitis that cause anxiety for the future. |
| Severe and Permanent Disabling Asthma | £52,550 to £80,240 | A permanent disability resulting in coughing, disturbed sleep, and affected employment. |
| Chronic Asthma | £32,090 to £52,490 | An uncertain prognosis from chronic asthma that requires the use of an inhaler. |
| Bronchitis and Wheezing | £23,430 to £32,090 | A substantial recovery is expected within a few years of initial exposure. |
| Relatively Mild Asthma | £12,990 to £23,430 | Mild symptoms that resemble asthma that occur following exposure to an irritating vapour. |
What Are Special Damages?
Special damages cover the financial losses caused by your injuries or illness and can include the cost of:
- Lost earnings
- Prescriptions
- Rehabilitation
- Alternative accommodation
- Private healthcare
Get in touch with our team today to learn more about personal injury compensation as part of a housing disrepair claim. Or, keep reading for answers to frequently asked questions surrounding housing disrepair.
Can I Be Evicted For Making A Housing Disrepair Claim?
No, your landlord cannot evict you for making a housing disrepair claim or a personal injury claim against them.
However, if you are in arrears and do not have a payment plan in place, then your landlord may legally evict you. Because of this, we always suggest seeking legal advice from an experienced professional before starting proceedings.
Whether you’re a private tenant or rent from a housing association, contact our team of advisors now to start your free consultation and find out how one of our specialist solicitors could help you.
How Long Can Housing Disrepair Claims Take?
All claims are unique, and because of this, there’s no set time for how long a housing disrepair claim could take to resolve. Some of the factors that could affect how long your claim takes include:
- How severely the disrepair injured you
- The effect these injuries and illnesses will have on you in the future
- Whether or not your claim goes to court
- Whether your landlord accepts liability
- How much evidence you have
- Whether or not you work with a solicitor
While working with a solicitor won’t necessarily make your claim take less time, they can make the process feel smoother, easier, and less stressful. Contact us today to learn more.
Can I Claim For Housing Disrepair Using A No Win No Fee Solicitor?
Now we’ve discussed how to make a housing disrepair claim, let’s look at the benefits of claiming compensation with a No Win No Fee solicitor. Working with a solicitor can make the claims process feel easier, less stressful, and more manageable.
This is because they can use their experience to help you every step of the way, from collecting evidence to strengthen your claim to negotiating the settlement that you deserve. Our solicitors can do all of this under the terms of a Conditional Fee Agreement (CFA).
This is a kind of No Win No Fee arrangement that can help with legal costs, as it allows you to benefit from the services of a legal expert without having to pay anything upfront, as the claim is ongoing, or if the claim fails.
You’ll only pay a success fee if the claim succeeds. Your solicitor will take this directly from your compensation as a small, legally-capped percentage.
Contact Us
Contact our advisors today to find out how a solicitor from Advice could help you. A member of our team can answer any housing disrepair claim questions you have, and can tell you whether or not you could be eligible for compensation.
If you are, then they may connect you with one of our specialist solicitors. Get started today by:
- Calling us on 0161 509 2856
- Contacting us online
- Using the live chat feature
Useful Resources About Personal Injury Claims
We hope these resources can help you:
- Get help from Citizens Advice about home repairs
- Information on private renting from the Government
- Read about asthma from the NHS
Thank you for reading our guide on how to make a housing disrepair claim.
