What is Housing Disrepair?
Housing disrepair means a rented property that is in need of repair in order for it to be safe and suitable for tenants to live in.
What repairs is my Landlord responsible for?
Your Landlord is usually responsible for keeping your home in a decent condition and doing any repairs it may need.
This includes repairs to the following:
• The structure and exterior of the building – including the roof, walls, windows and external doors;
• Central heating, gas fires, fireplaces, flues, ventilation and chimneys;
• Water, pipes, basins, sinks, toilets and baths;
• Drains and guttering;
• Gas pipes, electrical wiring and any appliances provided;
• Common areas such as lifts and communal entrances.
Your tenancy agreement might also set out any other specific responsibilities your Landlord has about how they must maintain and repair your Property.
If you have reported the problems at your Property to your Landlord and they have either they have not fixed the problem you may be able to make a claim against your Landlord for compensation and to get them to complete the required repairs.
Therefore, if you are a tenant living in rented accommodation, your landlord is required by law to ensure that:
• The house you live in is in a good state of repair structurally;
• Your house is free from damp and mould;
• Your drains and gutters are clear and working as they should be;
• You have a working heating system;You have safe access to electricity, gas and water;
• That you have working sanitation facilities i.e. toilet, basins, sinks, etc; and
• Your home is free from vermin or insect infestation.
Can I make a claim?
You may be eligible to start a Housing Disrepair Claim if:
• You're a Council, Housing Association or private tenant;
• You are living in your rented Property and there are outstanding repairs which your Landlord is responsible for; and
• You've been reporting repairs to your Landlord for at least 6 weeks or more and no repairs have taken place OR you've been reporting repairs to your Landlord for at least 6 weeks or more and repairs have taken place but they haven’t been completed properly so there are ongoing issues at your property.
What do I need to have a successful claim?
To successfully bring a housing disrepair claim, you need to prove that:
• Your home is suffering from disrepair; and
• You have notified your Landlord of the repairs needed; and
• Your Lordlord has either failed to complete the repairs within a reasonable period of time or they have completed works but it hasn’t fixed the problem.
What can I claim for?
When making a Housing Disrepair claim, while there is no guarantee of success, your claim will require your Landlord to:
• Repairs – Complete all of the necessary repairs at your Property as long as they are responsible for them;
• General Damages – Pay you compensation for the inconvenience and stress that you have been caused because you have had to live with the disrepair. This is calculated based on recovering a percentage of the rent paid from the time you first told your Landlord about the repairs until the date that they have been completed. The percentage of rent you may be able to recover depends on the percentage of your home that is suffering with disrepair.
• Special Damages – Pay you the cost of any of your personal belongings, clothes or furniture has been damaged as a result of the disrepair at your property (for example, damp). However, in order for us to claim this back, we would need to be able to prove that the damage had been caused by disrepair that your Landlord is responsible for and provide them with proof of purchase, i.e receipts or bank statements, etc. Please bear in mind that the full cost of said items, unless brand new at the time of being damaged, can rarely be claimed back.
How long will my Claim take?
Housing Disrepair cases typically take between 6–9 months to settle. If we have to start court proceedings and they are fully defended, or your case involves complicated issues it could take in the region of 12–24 months to conclude (although this is rare).
These are estimated figures based on an average and should not be considered binding upon us. Nevertheless, we will keep you updated at reasonable intervals as your case progresses.
Contact us for advice.
Get in touch for free no-obligation advice.
01254 920 270
Witton Chambers, Cartmel Road, Blackburn, BB2 2TA
