How much is a claim for housing disrepair worth?
If you are a tenant or leaseholder and your landlord has failed to carry out repairs which they knew about to your home, you are likely to be able to ask the court to award you three things: an order compelling your landlord to complete the repairs, compensation, and your legal costs. There are a lot of different factors deciding how much compensation you will be awarded, and two identical cases before different judges could come out with different results. This is a basic guide to the kinds of factors that will be taken into account.
Compensation for ‘pain, suffering and loss of amenity’
You will be compensated for ‘pain, suffering and loss of amenity’ for the inconvenience and distress caused by having had to live in a property in disrepair, or possibly for having to leave your home as a result of the disrepair. This is calculated in relation to your rent if you are a tenant, or the market rent for your home if you were to let it out to an assured shorthold tenant if you are a leaseholder. You essentially will receive a percentage of your rent back for the period in which you have had to live with disrepair. It doesn’t matter if someone else pays your rent, such as the Housing Benefit department, this is just a way of calculating how much compensation you should get rather than actually getting some of your rent back.
The percentage that you receive will depend on how severe the disrepair, and therefore your loss, is. If your property is completely uninhabitable but you have been living in it anyway you will receive 100%. This is extremely rare. An award of 100% would be possible for a property with no heating or hot water, perhaps no water or electricity supply at all, extremely severe damp, and structural damage meaning it was dangerous. It is much more usual for judges to make awards around the 25% to 50% range. There is no hard and fast rule, it will be decided by comparing past cases to yours.
Example
Disrepair: plumbing leak into one room for 4 years continuously.
Rent: £600pcm
Value of rent for the whole period of the claim: £28,800
Compensation at 25%: £7200
Compensation for lost items
If your belongings have been damaged as a result of disrepair, for example water damaged by a leak, or you have been put to extra expense, for example having to pay higher heating bills due to draughty windows, you will also be compensated for this loss.
You will not usually be awarded the replacement value for an item, but a sum to reflect the fact that the expected lifetime of the item has been cut short. For example, if your five year old carpet which cost £1000 was ruined by a water leak, and could have otherwise been expected to last 15 years, you might receive around £650: you have lost around two thirds of the carpet’s expected life.
The amount you receive will also depend on the proof you are able to provide that you had and lost the items, for example receipts and photographs. If you don’t have proof you may be awarded something, but usually less than if you did have proof.
Conclusion
If you think you might have a claim against your landlord for disrepair contact us: we may be able to take on your case under a no-win, no-fee agreement.
Hi have a damp mould problem in most rooms in the house, the Windows are blown with water in.between, kitchen window doesn’t open . Felt ripped from porch causing leaks and mould into porch Condensation drips from ceiling in bedrooms, back door faulty mechanism , had various builders look and quote both nothing done
Private housing sector now getting involved, repairs promised…. Again. Going on for over 2 years
Thank you for your comment. We appreciate you contacting us. One of our colleagues will get back to you shortly.
Good evening
I am looking for advice as I used to run a pub. the pub owners failed to do electricity checks before we moved in. A gas fire was never checked in the two years we were there. A shower was condemned an was not disconnected and we were not informed so still used it. We had a roof that leaked into the pub that was patched and never worked, so leaked the whole time it rained. A tall pole with an aerial fell after not being maintained on to our outside area. What sort of compensation could we expect? is it something you can assist with?
Thank you for your comment. We appreciate you contacting us. One of our colleagues will get back to you shortly.
I have a housing association disrepair (3 years) problem damp, mold lack of repairs and stress.
I have contacted the housing association many times it has worsened my mental health to the point we’re I can not cope any longer.
It had impacted on my MSc and I would need to find funding to try again.
I lost my a lot financially and have been referred back to my mental health team for assistance regarding my OCD.
I had a firm deal with it under legal aid however I have been told under legal aid they are unable to recover damages. Which I feel is unfair after the reaction it has caused me as I was put in an inhaler for 6months and on antihistamines on and off while I was doing my masters, this includes clothes I lost and furniture.
I have lost everything including unwilling to live.
Thank you for your comment. We cannot assess your individual case without further information; we have emailed you to see if we are able to assist.
Hi
Have defecttive heating system since 2007 .
Extremely loud boiler located near bedroom can be herd all over the flat.
Problems with water once run heating comes on .
Have mould . Holes in the airing space on the floor.
Severe draughts in kitchen area back of building . Defective window.
All of which is axacerating my COPD and other health problems.
Housing Associations secure tennant.
I am very sorry to hear about this. We will email you directly to obtain further details.
Housing association tenant been left without words I have been left in a state of shock i have heart failure dilated cardiomyopathy have been with the housing association for over one year 1yr 4mnths was moved here for medical reasons to be next to my cardiology team during the one year and 4 months I have have been treated by the housing association like something I’m unable to word in October I got phenomena the 2nd time in one year but I ended up with sepsis shock in a coma on a ventilator with multiple organ failure after one month In the intensive care unit I come back to the problem…infested apartment with silver fish under my carpets in my cloths my bed no washing facilities electric shower had completely stopped working 14 says housing association left me without hot water or any means to shower or wash this is at the same time my apartment was infested with parasites this is after one year reporting repairs hazard 1 electrical ecsposed wires one inch gap around frame of front door windows do not lock no safety or security in the apartment it got so bad I was decanted during lockdown even thoe I received a letter telling me I’m extremely vunrable to covid -19 I need to sheild no contact with anyone housing association was aware of all that was going on I was left on 2 separate weekends having to get emergency accomodations from local authorities because housing association stopped working for the weekend after being decanted they put me back into the same property when I eneterd it was no longer a home all my personal belongings was destroyed by the voids team I have emails videos any evidence required I have documented I’m now trying to claim someone to take responsibility for all my personal belongings that have been completely destroyed from cutlery to TV to personal momentos that are from my history I am now receiving treatment for malenutriion on top of having to start taking anti deppressents just one month ago this is all on top of severe dilated cardiomyopathy with end stage heart failure chronic debilitating I feel weak and frail and feel I have been let down by the system what can I do?
My partner has COPD arthritis and low blood cell count causing her to
to be more vulnerable to the cold . We had a new boiler fitted by the council
a couple of years ago it broke down approximately 6 to 7 weeks ago . They told
my partner they couldn’t get the part right away even though it was a new boiler.
We haven’t had any heating since then 5 to 6 weeks . She has to sit in the kitchen with the oven on every night surely this isn’t acceptable. We would appreciate any
advice you could give us
With thanks
J.WRIGHT
(on behalf of my partner)
Thank you for taking the time to comment, a member of the team will be in contact with you shortly via email.
I have the council coming out today to fix the radiators that have not been fixed properly in nine years. Causing mould and other problems. I have taken photos of the areas. The most recent report to the council has been of the attic and the hot water tank splashing out onto the ceiling above the bedroom. When the plumber attended last week , he told me to run the hot water off every so often so that it would stop this from happening. We are not always able to do this and we have now have a patch on the bedroom ceiling. We have a solid fuel heating system with a back boiler. We also have mould at the front door and the bannister at the top of the stairs.
Thank you for taking the time to comment, a member of the team will be in contact with you shortly via email.
Thanks I read your article it was helpful for me.
Keep it sharing i will wait next relevant article.
This material is fabulous! It’s full of incisive information and the points you make are rational and solid. I agree with much of this information. Due to this article, I have become aware of the cost of the claim for housing disrepair.
Hi I moved into a newly built flat I’m ok froth floor. There has been a leak through my window from the ceiling upstairs. I have reported to the housing association from 05/01/2022 till now 03/01/2024. Nothing is been done. This is my bedroom and this has been causing me a lot of stress and depression. I can’t sleep at night when ever it rains I have pictures of these lack damaging my bed and mattress that I have changed and bought a new one. These housing association just let people come and view with fixing the problems for two years now. I have high blood pressure and it’s affecting me. My rooms
Is always cold on amount heating could solve this problem. Pls I need to sake legal action against this housing association. They need to compensate me. I’m a mental health nurse this is really limiting my work. Thank you.
Hello Doris, thank you for your comment. A member of the team will get in touch with you shortly to see how we can help.