How To Make A Housing Disrepair Claim

Thousands of families rent in the UK from both the private sector and through social housing. But what can you do if your house is falling into disrepair, and your landlord refuses to fix it? And, can you claim personal injury compensation if the disrepair causes you harm?

In this guide, we’ll discuss everything you need to know about how to make a housing disrepair claim and whether you can claim personal injury compensation. We’ll look at examples of what kinds of things you could claim for, your rights as a tenant, and how long you have to start a claim.

We discuss whether you can make a personal injury claim if you’re renting from a private landlord, or a council or housing association.

Finally, our guide will talk about your options if you want to start a claim. We’ll explore how a No Win No Fee solicitor could help you through the claims process and how you can get in touch with an expert from our panel.

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To learn more about how our panel of expert solicitors could help you make a housing disrepair claim, get in touch today by:

Browse Our Guide

  1. What Is A Housing Disrepair Claim?
  2. What Can You Make A Housing Disrepair Claim For?
  3. How To Make A Housing Disrepair Claim
  4. Can I Claim Compensation If I Have A Private Landlord?
  5. How Long Does A Landlord Have To Repair Housing Issues?
  6. Can I Claim Housing Disrepair Compensation On A No Win No Fee Basis?
  7. More Resources On Compensation Claims

What Is A Housing Disrepair Claim?

If your landlord has let your home fall into disrepair, then you may be able to make a housing disrepair claim. Your rights as a tenant are set out under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.

Under the Landlord and Tenant Act, it’s your landlord’s responsibility to keep the following areas in good repair:

  • Exterior areas
  • Sanitation fixings
  • Utility supplies, like heat and water
  • The structure of the property

This means that issues of disrepair, like no heating and inadequate water supplies, must all be fixed within a reasonable timeframe. If you can prove that your landlord knew of this kind of disrepair and refused to fix it within an adequate amount of time, then you may be able to make a housing disrepair claim.

Can I Make A Personal Injury Claim Due To Housing Disrepair?

In some cases, your landlord isn’t just responsible for your home’s disrepair; they’re also responsible for the harm it has caused you. If you have suffered an injury as a result of disrepair in your home, you may be able to make a personal injury claim against your landlord.

This is because, under Section 4 of the Defective Premises Act 1972, they can be held liable for the disrepair and subsequent harm.

To make a personal injury claim against your landlord, you need to be able to prove that:

  • Either your landlord knew about the defects, or they didn’t do enough to identify potential hazards
  • They didn’t take action to rectify these defects in a reasonable timeframe
  • As a result of this, you suffered an injury or an illness

For example, if your staircase was broken and your landlord knew but made no effort to have it repaired, this could cause you to trip and fall down the stairs. This could result in a serious brain injury, broken bones, or even paralysis from a broken back.

To learn more about making a housing disrepair claim, get in touch with our team today.

What Can You Make A Housing Disrepair Claim For?

So, what could you make a claim against your landlord for? You could potentially make a claim if:

  • You repeatedly report issues with chronic damp and mould to your landlord, but they made no move to fix it or identify how hazardous the mould was
  • You reported to your landlord that there was a crack in the ceiling. They did not investigate this or make sure that the property was structurally sound. As a result, the ceiling collapsed, and you suffered a serious head injury
  • Your landlord is aware that you have no hot water in your home. Instead of investigating the issue or having it repaired in an adequate time frame, they tell you to shower and cook at your neighbour’s house instead.

These are only a few examples of when you could be able to make a housing disrepair or personal injury claim against a landlord. If you’d like to know more, you can read on, or get in touch with our team.

How To Make A Housing Disrepair Claim

We understand that the claims process can seem daunting, especially if you don’t have any prior legal experience. Some of the most important steps in the housing disrepair claims process include:

  • Seeking medical attention: It’s important to seek treatment following an injury, not only for your own well-being; it can also help your claim. Medical records and reports of your injuries can be used later to strengthen your claim.
  • Collecting evidence: As we’ve already mentioned, you need to be able to prove that your landlord either knew and did not fix the housing defects or that they didn’t make enough effort to identify potential risks. To do this, you’ll need to collect evidence that proves your landlord was at fault and whether or not you were injured.
  • Seeking legal advice: You aren’t legally obligated to make a claim with the help of a solicitor. However, we always recommend that you seek legal advice from an established professional. We’ll talk a little more about the benefits of working with a solicitor later on in this guide.

If you’d like to find out how an expert housing solicitor from our panel could help you make a claim for disrepair in a rented property, get in touch with our team.

Can I Claim Compensation If I Have A Private Landlord?

19% of all UK households are rented through the private sector, according to the Government. But renting privately doesn’t mean you can’t make a claim.

It doesn’t matter who you rent from, whether it’s part of a housing association or from a private landlord. Housing association tenants and private renters have the same rights in regards to claiming for disrepair; if you can prove that they didn’t make repairs in time, or that you were injured as a result of their failure to do so, then you could potentially make a claim.

How Long Does A Landlord Have To Repair Housing Issues? 

You might be wondering how long you have to wait for your landlord to start repairs before you can start a compensation claim. Unfortunately, the legislation provided is quite vague, so it’s often up for debate.

Your landlord needs to start repairs within a “reasonable amount of time,” which means it can differ depending on what the issue is. You can get in touch with our helpful team today if you’d like clarity on whether or not you can make a housing disrepair claim.

Can I Claim Housing Disrepair Compensation On A No Win No Fee Basis?

So, why do we always recommend working with a solicitor? The claims process can often seem complex and daunting, but it doesn’t have to. An expert solicitor can make the process feel smoother and less stressful by helping you:

  • Negotiate a settlement that covers all of your losses
  • Collect evidence that will strengthen your claim
  • Gain a deeper understanding of legal terminology and jargon
  • Communicate with the Court and the defendant
  • Prepare the claim to go to trial in the event that court proceedings are necessary

Our panel of expert solicitors can help you do all this under the terms of a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee contract. Under this agreement, they usually won’t take an upfront fee for their work, nor will they ask you to pay for their work if the claim fails.

If you make a successful claim, your solicitor is due a success fee. This is a small percentage of your compensation, which is legally capped, and your solicitor will make you aware of before the claim starts.

Contact Us

Our team are here to help. If you’d like to find out whether or not you could be eligible to make a housing disrepair claim, get in touch by:

More Resources On Compensation Claims

Learn more about personal injury claims with the following guides:

Or, for further resources:

Thank you for reading our guide on how to make a housing disrepair claim.