Gowing Law – Housing Disrepair Claims

What is housing disrepair?

Housing disrepair typically means a rented home or any other type of rented accommodation that is in need of repairs in order for it to qualify as safe and suitable for renters to live.

If you are renting a property that requires repair, you could seek compensation for the inconvenience, discomfort, and suffering. After all, landlords are required by law to ensure that the property they rent out to tenants is structurally in a good state of repair, these requirements include:

The property meets necessary fire safety regulations
Keep in repair and maintain gas, electricity, water, and sanitation installations
Handle mould and damp problems
Keep in repair the roof and plasterwork
Maintain the structure and exterior of rental property, including external pipes and drains
Provide efficient security
Fix defective central heating and wiring

Do I need to pay anything upfront?

No! At Gowing Law, housing disrepair claims are processed on a No Win No Fee basis.

When making a No Win No Fee claim, you don’t need to worry about anything as we will bear all upfront costs, and you will only need to pay a fee if your claim is successful, this means you will never be out of pocket.

Could I get evicted for making a claim?

Legally, as a Housing Association or Council House tenant your landlord CANNOT EVICT YOU for beginning a claim against them. However, the only exception is if you are in arrears and do not have a payment plan in place. If that is the case, even a payment plan of £1 a month is sufficient protection.

For private renters the law is different and a landlord can serve a Section 21 eviction notice which allows landlords to evict tenants without reasons. There are campaigns to end this and this is something we will assess and advise you on a case by case basis. Even if your landlord does attempt to evict you, we can still assist you with this.

How much compensation will I receive?

The amount of compensation you will receive varies depending on the severity of the disrepair and the length of time since the disrepair was initially reported. Other major factors that can affect your compensation amount are whether you suffered any personal injury, health issues or whether you needed to move out of the property due to its disrepair and it being unfit for habitation.

In our experience in dealing with housing disrepair claims, our previous clients have received compensation varying from £1,000 to £20,000.

If I’m making a claim, do I still need to pay rent?

Yes, you must pay your full rent. If you stop paying your rent, then it will give the Landlord the ability to make a counterclaim against you for a breach of your Tenancy Agreement, also it may give your landlord reason to evict you.

I no longer live in the property, can I still claim?

Unfortunately, you are unable to claim. In order to be able to make a claim, you must be living in the property.

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Your landlord is responsible for:

Faulty heating

Vegetation growth

Leaking roof

Damp and mould

Unsafe flooring & stairs

Vermin

Plumbing & Drainage problems

Rotting windows

Damaged/worn brickwork

Some recent cases like yours

Anita, Salford - £4750 plus repairs

Anita contacted HDR Experts to claim for housing disrepair against her landlord (a housing association) in relation to damp, mould & leaking gutters at the property that her and her children were occupying.

Damp and Mold were clearly visible throughout the house including in the childrens bedrooms, the issue had forced Anita and her children to vacate the property on multiple occasions due to Anita developing health problems relating to these issues.

As a result of HDR Experts were able to secure £4750 in compensation for Anita due to the inconvenience, emotional stress and also health related issues. Repairs were also secured for Anita's property with a 4 week turnaround time.
Claire, Morecambe - £2700 plus repairs

Claire contacted HDR Experts to claim for housing disrepair against her council in relation to damp and mould that was affecting her property.

The damp and mold were so bad that it had spread throughout the house affecting her living room, bedrooms and bathrooms. The council had failed on multiple occasions to carry out the necessary repairs to bring the property to a acceptable living standard.

As a result of HDR Experts were able to secure £2700 for Claire due to the inconvenience and emotional stress caused plus, the repairs necessary to return the property to a habitable state were carried out.
Paul, Birmingham - £6250 plus repairs

Paul contacted HDR Experts to claim for housing disrepair against his local council after living in a house suffering from leaks, damp and mold for over 5 years.

Overall, as well as damp and mould there was clear damage to the interior damage to the walls, light fittings and also bathroom which was suffering from drainage issues and overall lack of care.

As a result of HDR Experts were able to secure over £6250 in compensation for Paul due to the years of living in a home suffering from extensive disrepair. As well as compensation, full repairs were also completed for Paul's property.