If your landlord fails to uphold the terms of your tenancy agreement – with regard to housing repairs – you could be entitled to claim compensation.
Housing Disrepair Claims – Getting Started
There is a protocol that must be followed in order to bring a claim for housing disrepair. First, we must establish all landlord obligations as stated in your tenancy agreement.
Your tenancy agreement may involve express terms specific to your property, and we could help you to understand the importance of certain implied terms supported by statute.
Remember, whether you have experienced an injury, ill health, or simply the inconvenience of disrepair, we will ensure that you receive maximum compensation.
Landlord Obligations & Tenants’ Rights
The Landlord and Tenant Act (1985) states that your landlord must have knowledge of disrepair to your property before you are able to pursue a claim for uncompleted maintenance work.
This could mean that you have informed your landlord of the disrepair (e.g. phone call, letter), or that you expect your landlord to have taken notice of the disrepair during an inspection.
Common examples of landlord responsibilities include:
- Fixed heating systems
- Repair work to gas pipes
- Repair work to electrical wiring
- The upkeep of the exterior of the premises
- The upkeep of the structural integrity of the premises
- Repair work to water pipes and all related water usage
However, your tenancy agreement may include further landlord obligations – we can assist you in determining the extent to which your landlord may be liable for disrepair to your property.
Types of Housing Disrepair Claims
Common types of housing disrepair claims include:
- Inconvenience – e.g. if part of your home is rendered uninhabitable due to disrepair
- Damage to health – e.g. chest infection from dampness, or an injury from unsafe stairs
- Damage to belongings – e.g. clothing or bedding (also includes any damage caused during repair work)
With regard to repairs, we can obtain a ‘specific performance’ court order. This order will require your landlord to make the necessary arrangements for repair work to be completed within a reasonable timeframe.
You could also claim for any financial loss encountered as a result of disrepair to your property, and where applicable, you could qualify for a reduction of rent or a rent rebate.
What is important to remember is that evidence must be gathered in order to support your claim. That is why we offer a FREE home visit from one of our preferred chartered surveyors.
If you are a council house tenant, the Right to Repair scheme states that all repairs must be carried out within 1, 3, or 7 days (depending on the nature of the disrepair).
Certain criteria must be met in order to qualify for assistance under the Right to Repair scheme – if you are unsure about your right to claim, our experts are here to explain all of your options to you.
Benefits of Claiming with Hampson Hughes Solicitors
If you wish to bring to a claim for housing disrepair, we recommend taking early legal advice from our experts.
The major benefit of allowing us to manage your claim from the beginning is that we can ensure due process is followed throughout.
For example, once you have issued your landlord with a notification of disrepair, and you are not satisfied with the response, a letter of claim must be drafted.
We are here to explain this process to you in plain English, and to ensure that you receive the maximum compensation.
For a FREE no-obligation consultation, contact Hampson Hughes Solicitors today 0800 888 6888 or email