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How to claim for housing disrepair

If you are experiencing issues with your rented accommodation and the landlord is not working with you to successfully resolve the issue(s), you may want to find out how you can claim for housing disrepair from your landlord. 

Before claiming for housing disrepair you should…

  • Check that the landlord is contractual responsible for the repairs.  You can do this by checking the tenancy agreement which you should have signed upon moving into the rented accommodation.
  • Ensure you have reported the issue(s) to the landlord and that they have had a reasonable amount of time to conduct the work required.
  • Consider your position if you’re a private rented tenant, you may be at risk of eviction if you proceed with a legal claim for housing disrepair against your landlord.  Is the disrepair so great as to be negatively affecting your living environment?
  • Review all possible courses of action to resolve the housing disrepair problem before considering legal action.
  • Look at any evidence which you can collect which demonstrates the housing disrepair is a problem for you.
  • Consider the financial implications of logging a claim for housing disrepair.

Before making a claim for housing disrepair you must….

‘The Pre-Action Protocol for Housing Disrepair Cases’ must be followed before any legal action commences.  Essentially it aims to give you and the landlord the opportunity to resolve the housing disrepair claim before it goes to court.  A key element of this protocol is sending the landlord an ‘early notification letter’, which gives them notice of your intent to make a claim for housing disrepair through the courts.  The landlord has 20 days within which to reply or you can proceed to the county court.

What you need to make a claim for housing disrepair

Once you have decided to make a claim for housing disrepair you should consider the evidence you will need to support your claim.  Below is a list:

  • Copy of your tenancy agreement
  • Copies of any correspondence between yourself and the landlord regarding the housing disrepair
  • Photographs of the housing disrepair
  • A list/photos of any of your property which has been damaged as a result of the housing disrepair (include receipts for any replacements you have purchased)
  • Copies of medical notes and bills if you have been injured or made ill due to the housing disrepair
  • Any expert advice which you may have received regarding the housing disrepair ie: information from environmental health officer

First steps in claiming for housing disrepair

There are 3 court routes that a claim for housing disrepair can go down.  An explanation is below:

  1. Small claims route is the most common route for claims for housing disrepair.  This route hears claims up to £10,000 which is normally the limit for housing disrepair claims.
  2. If a claim includes compensation (damages) and an order for repair work, with the value of the order of repair totalling over £1,000, then the claim will go down the fast track route.
  3. Normally only used where complex evidence or points of law are involved – unusual for claims for housing disrepair

What can a court do in a claim for housing disrepair?

The court can make your landlord do the repair work by making either a ‘specific performance’ order or a ‘mandatory injunction’. You may also be awarded compensation if you have been injured/made ill, belongings have been damaged or you have been unable to use your home in the conventional manner.

Housing Disrepair Claims

To start your housing disrepair claim today or to find out more about claiming ... or give us a call for free on 01626 248608 and speak with one of our advisers.

No Win No Fee

*No Win No Fee: Our No Win No Fee policy only applies to cases involving council owned properties and those owned by housing associations. No Win No Fee does not apply in cases where the property is owned by a private or commercial landlord.