Housing Disrepair Claims Solicitors

What is housing disrepair?

Housing disrepair refers to a property being in poor condition or needing repairs to utilities, appliances, or the structure of the building. All of these pose a risk to tenants and can significantly affect your quality of life.

Under UK law, landlords have specific responsibilities for the health and safety of their tenants, and must meet particular standards of living. Housing disrepair occurs when a landlord fails to meet these standards and encompasses a wide range of issues, including but not limited to:

• damp
• leaks
• a faulty heating system or other utility
• electrical problems
• pest infestations
• structural issues; and
• inadequate sanitation or drainage.

If any of these problems arise during your tenancy and are not adequately addressed by your landlord, it may be considered housing disrepair. In such cases, you may be in a position to take legal action and seek compensation from your landlord.

How do I know if I can claim compensation?

There are a number of factors that will affect whether or not your home can be considered to be in a state of housing disrepair and the steps you can take to rectify the problem.

If the property, utilities or appliances require repairs - or there is another problem to deal with, like a pest infestation - you must first notify your landlord or property management company about the issues you are facing. You should do this as soon as you notice a problem, especially if the problem poses a risk of injury or health problems.

When you contact the landlord, document the problems in writing, make a note of the date and include details of the disrepair. If possible, keep records of any communication with your landlord about the problem, as this can be used to support a legal case should this become necessary. To strengthen your claim, gather evidence of the housing disrepair, such as photographs and videos.

Once the landlord is informed, they should take action to address the problem within a reasonable timeframe. There is no set legal timeframe so this can be ambiguous - this is just one reason why it is best to speak to an expert housing solicitor to determine your eligibility to claim. However, repairs made within a month of the report will generally be considered reasonable, provided the poor housing conditions do not pose an immediate risk to health.

For more urgent problems - such as a property that is in poor repair structurally and poses a risk of serious injury - the landlord should carry out repairs in a shorter timeframe. If they fail to do so, the law will typically hold the landlord responsible for any consequences and you may be able to claim compensation.

However, it is important to say that a tenant also has responsibilities to uphold, and if you caused the housing disrepair issues through your own actions, you will be ineligible to claim.

The best way to learn whether or not you have an eligible claim is to get in touch with the team at Graham Coffey & Co. Solicitors. Our experts have a wealth of experience in supporting tenants through housing disrepair claims, and during a free, no-obligation phone call, we can discuss your circumstances and advise you on the next stages of your case. If you are eligible to make a claim, we can start the process and begin building your case straight away, which will give you the highest possible chances of success.

How much compensation could I receive?

Compensation in housing disrepair claims differs depending on the individual circumstances the tenant has faced, and the impact on their quality of life.

If the housing disrepair matter you experienced resulted in health problems or an injury, you may be able to pursue a personal injury claim and gain more compensation.

This type of compensation is designed to ensure you are in the same financial position as you would have been if you had not experienced the illness or injury - this means that it may cover any medical expenses you incurred, transport to and from medical or physiotherapy appointments, loss of earnings during your recovery, and ongoing medication costs, where applicable.

If you believe that poor living conditions have affected your health, you should speak to a doctor. Medical reports can be used as evidence to support your case and help to ensure you receive the maximum amount of compensation to which you are entitled.

How long does a housing disrepair claim take?

The duration of a housing disrepair compensation claim can vary significantly, typically between a few months to over a year, depending on the complexity of the case. Factors impacting this timeframe include the severity of the disrepair, gathering evidence (such as reports from surveyors), and the responsiveness of the landlord or their representatives. If the landlord agrees to settle quickly, the process can be relatively swift. However, if the case results in court action, it could take much longer.

It is worth noting that starting a claim does not necessarily mean that the landlord will immediately resolve the disrepair issues; landlords may delay repairs during the claim process. It is essential to engage with a solicitor specialising in housing law at the earliest opportunity to navigate this process effectively.

Always remember, the timeline of the claim should not discourage you from asserting your rights. Persisting with the claim can eventually lead to both the necessary repairs and the compensation you deserve for the inconvenience and distress caused.

What is classed as housing disrepair?

There are many different conditions that may be considered ‘housing disrepair’ because they affect the inhabitant of the property’s health and safety. Private tenants in the UK may be able to claim compensation if they have experienced these conditions, and if their landlord has failed to take the necessary action to address them. Here, we will explain some of the most common problems based on the part of the property they affect.

Structural defects

Structural problems include any issues with the building's foundations, walls, ceilings, roofs, or floors. Dampness, subsidence, or structural instability are examples of such defects. Landlords are usually required to address these problems urgently, as they pose a high risk of injury or illness to the property’s occupant.

Faulty installations

This refers to problems with essential facilities such as water, gas, and electricity. It includes defective wiring, plumbing, heating, or sanitation facilities. If there is a risk of injury - for example, electrocution - the landlord must tackle these problems as quickly as possible.

Damage inside the property

This encompasses problems with internal plasterwork, windows, doors, or staircases. It also includes inadequate insulation or problems causing drafts. If these problems (or any of those listed above) are caused by the tenant - for example, because they have failed to maintain the property to an appropriate standard - it will not be possible to pursue compensation.

Problems affecting hygiene

Conditions making the property unsanitary or unsafe for habitation, such as mould growth, vermin infestations, or lack of suitable facilities for food preparation or waste disposal, fall into this category.

Outdoor defects

Issues with the exterior of the property like broken fences, unsafe access paths, or disrepair in outbuildings are also included. While these may present a relatively low risk of injury to tenants, it is nevertheless possible to pursue compensation if your landlord has failed to make the necessary repairs.

Landlords are legally required to keep these aspects of the property in good repair, and if they fail to do so, tenants may have grounds for a compensation claim. Speak to our team about your specific circumstances today to learn whether or not you can claim.