Can I claim for stress and inconvenience? - Housing Disrepair Claim
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Claiming Compensation For Stress & Inconvenience Caused By Landlord

Posted on: Mon Mar 7 | 6:19 AM by: housing

Housing Disrepair Compensation Claims

A housing disrepair compensation claim refers to when a tenant sues the landlord or housing authority for not fulfilling their legal responsibility of keeping their rented apartment in a good state of repair causing them to suffer unnecessary damage to belongings, stress, inconvenience and putting their health and safety at risk.

What Does Housing Disrepair Means?

Housing disrepair simply describes a house which is not in a good state of repair. This means that the house is not in ideal living conditions and is in urgent need of repair to make it conducive and safe for living. When a house is in disrepair it can cause inconvenience to the occupants, damage to belongings and pose serious health and safety risks as well.

Complaining about their Landlord

Category of Housing Disrepair

There are a number of things which when present in the house, means that the house is in disrepair. These include;

  • Mould and Damp
  • Leaks such as roof leaks
  • Flooding and drainage issues
  • Structural Cracks
  • Rodent infestation
  • Vermin and insect Infestation
  • Faulty Water or Space Heater 
  • Electrical faults

Disrepairs such as these can damage the properties of the tenant (mould and damp, leaks, rodent infestation), cause inconveniences (leaks, flooding, faulty water heater) and pose health and safety risks to persons living in the house (structural cracks, electrical faults).

Every tenant deserves to live in a home which is in good state of repair and when their landlord has failed to ensure this, they have the right to reach out to the landlord and ask for the needed repairs to be done and when this is not done, they can take further actions which will include taking legal action as the last resort.

Responsibilities of A Landlord To The Tenants

The landlord is obligated by law to ensure that the tenants living in his property are safe within the premises and not exposed to any health risks or made to suffer damages to their properties or financially as a result of disrepair. 

  • A landlord is to ensure that the house is structurally in a good state of repair and devoid of any structural cracks or defects
  • He is also to ensure that the water and space heating system is in good state of repair and proper working order
  • The landlord is to also make sure that the house is mould and damp free
  • A landlord should make sure that the property is free from rodent, vermin or insect infestation
  • Furthermore, he is to ensure that tenants have safe access to basic facilities needed in a home such as electricity, gas and water
  • Additionally, he should put in place adequate drainage channels to avoid flooding

Can I Sue My Landlord For Negligence?

Of course, you can sue your landlord for negligence where he fails in his responsibility to put your house in a good state of repair and you have suffered inconveniences, damages or health issues as a result.

However, before suing your landlord, you can make complaints first.

Making Complaints About Landlord

These are the steps you can take to complain about your landlord’s failure to carry out his responsibilities towards you in terms of keeping the house in a good state of repair.

  • The first step is to speak with your landlord. You can verbally communicate the issues you are having in your apartment and what you would like them to do to take care of the problem. A reasonable landlord should come and inspect your house and make the needed repairs. 
  • When this approach fails, you can write a formal complaint letter or email to your landlord. Here you have to be as clear and precise about the condition of your house and the damages you have suffered as a result. Also, do well to include as much evidence as you can. This can be in front of pictures showing the extent of damage, when it started and how you have in earlier conversations made this known to him. You can also attach receipts or proof of purchases and financial losses you have incurred as a result. If you or any of your family members has had to visit the hospital over a health issue arising from the disrepair, also include a proof of this such as a medical report. Ensure that you make your landlord know the amount of stress and inconvenience you have suffered as a result of the state of your home.
  • You can proceed to take the matter to your local council if your landlord still ignores you. Your local council will call your landlord and discuss the disrepair problem, order him to make the repairs and also let him know what rights you have should they continue to default.
  • Finally, contact your Housing disrepair solicitor where all other measures fail.

MAKE A CLAIM

How Do I Claim Compensation For Stress and Inconvenience From My Landlord?

For you to claim compensation for stress and inconvenience as a result of housing disrepair from your landlord, you should be able to;

  • Demonstrate that your rented property is in a state of disrepair
  • That you have made complaints severally about the unconducive and unsafe state of your home to your landlord
  • That your landlord has continued to ignore your complaints 
  • You have suffered damages, undue stress and inconveniences as a consequence of the disrepair 

When making claims, it is important that you are able to provide evidence to help you prove your claims. These documents can help;

  • Evidence of conversations between you and your landlord and what they promised to do
  • Copies of your letters of complaints and emails
  • Pictures showing the severity of disrepair and amount of inconvenience it has caused you
  • Show proof of damages to belongings
  • Medical report from your doctor if you have suffered health issues as a result
  • Proof of financial losses, extra expenses or repairs you have had to make as you continued to manage the condition Etc.

start a claim

Compensation For Stress And Anxiety UK

You can claim compensation for Inconvenience and stress caused by the disrepair in addition to other damages such as compensation for mould and damp affecting books and clothes, compensation for property damage, financial loss among others.

Damages for inconvenience and distress can be claimed as Pain, Suffering And Loss Of Amenity.

This means that you can be compensated for the fact that you have put up with living in an unconducive, uncomfortable and unsafe property in disrepair for an extended period of time. For example, you may be inconvenienced by not being able to use all parts or rooms in your home due to leaks, mould and damp. You may be having the extra stress and inconvenience of having to source for alternative means to heat water during cold weather, going to the laundry as a result of faulty machine or even stress of going in and out of your apartment due to flooding caused by poor drainage around your home.

Housing Disrepair Compensation Calculation

The basis for calculating your compensation amount is your rent. Whether your rent is paid by someone else or by Housing Benefits, you can still claim compensation. A percentage of your rent is given to you as compensation for the period you had to live with disrepair but this period is limited to not more than 6years.

The percentage of compensation you will be awarded will be based on the severity of the disrepair. Normally, this will range between 25% to 50% of the rent you pay, although in some extreme cases where the house is uninhabitable, you can be given a compensation of 100% of your rent.

Example of How To Calculate Housing Disrepair Compensation Amount

Type of Disrepair: Heating issues for one full year

Rent per month: £1000pcm

Value of rent for the whole period of the claim i.e. 1 year: £12,000

Compensation at 25%: £3000

Here you will also be compensated for the stress and inconvenience not being able to use your heater has caused you.

Another example:

Roof leak Calculation

Disrepair: Severe leaks from roof for 6 months continuously and damage to belongings.

Rent per month: £1200pcm

Value of rent for the whole period of the claim i.e. 6 months: £7200

Compensation at 40%: £2800

You will also receive additional compensation for the damage to your belongings as a result

How Much Does It Cost To Sue a Landlord?

With our policy of No Win No Fee Housing Disrepair Claims, it does not cost you anything to sue your landlord for failing to provide you a conducive environment to live in. Our housing disrepair team of solicitors are experts in this field and having represented other clients and won best possible compensation amounts for them, you can be rest assured that you will receive the best possible legal organization and ensure that it is not a burdensome process for you.

We are able to help you make housing disrepair claims in Manchester and the rest of the UK. You can contact us by dialing our housing disrepair helpline to speak with one of us and set up a meeting at your convenience to discuss the issues you have.

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