How To Claim Compensation for Disrepair in Social Housing?
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How To Claim Compensation for Disrepair in Social Housing?

Posted on: Thu Jan 21 | 12:55 PM by: housing

Living in rented property that has fallen into disrepair could pose hazardous and life-threatening harm to normal living. What is even worse is when your landlord has refused to or is feeling unconcerned about your complaints. In situations like this, tenants are often eligible to file housing disrepair claims against their landlords. 

If your landlord has failed to repair faults in your home, you may find that your home soon becomes damaged and unfit for living. All landlords have a legal obligation to maintain the structure (whether exterior or interior) of their property to a reasonable standard of repair.

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What is social housing?

Social housing refers to affordable housing plan accommodation made available to people with low incomes or particular needs. This type of housing plan is otherwise known as council housing properties and most of the accommodation/houses are usually owned by the state, or by non-profit organisations.

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What is Social Housing disrepair? 

Social Housing disrepair is when a property under the social housing plan/ council housing falls below the current minimum standard of what is considered a habitable home fit for living. In clearer terms, social housing disrepair can simply mean when a social housing property is in need of essential repairs. 

In the UK, before a Housing Association property or property under social housing can be considered up to standard and deemed fit and habitable, it must comply with the Housing Health and Safety Rating System (HHSRS). The HHSRS is a risk assessment system or evaluation tool that aids the government in identifying and tackling potential risks and hazards to health that are most likely present in housing properties. This is in a bid to make dwellings healthier and more safer to live in.

Housing disrepair compensation claim 

It can be very distressing living in a house with so much disrepair as the quality of your life could be greatly affected. It is your landlord’s obligation (required by law) to: 

  • Ensure that the structure and exterior of the house, including drains, gutters and external pipes are in good condition.
  • Ensure that installations are kept in repair and working properly including sanitation facilities (toilet, sinks, basins)
  • Ensure your house is free from damp and mould
  • Ensure you have a working heating system
  • Ensure you have safe access to electricity, gas and water
  • Ensure your home is free from insect infestation

If your rented home has suddenly become unsafe and unsuitable for living due to disrepair, you can claim housing disrepair compensation. Whether you’re living in a privately owned property or you are a social tenant living in a housing association ( state or council-owned property), you can claim compensation for housing disrepair.

However, you can’t claim for housing disrepair if it cannot be proven that your landlord acted negligently or breached the duty of care and caused you a reasonable degree of suffering. For example, you must have reported the disrepair to your landlord and given him ample time to make these repairs. If your landlord fails to carry out the necessary repairs; this could be considered housing.

To start a social housing disrepair claim:

Wondering how to claim compensation from your landlord in social housing? It is important to seek the help of some of the best housing disrepair solicitors in UK. These legal experts are experienced in making disrepair claims and will act on your behalf and contact your housing association with regards to the housing association disrepair. 

First, you would need to present evidence that your landlord is aware of the disrepair and has chosen to ignore you. Also, evidences such as photographs or receipts showing the cost of repairs you have undertaken personally or cost of purchase of items you replaced due to your landlords failure to fix repair will also be collated.

Having investigated your case, our No Win No Fee housing disrepair claims solicitors will weave all evidence together to develop a strong claim and ensure that the repairs are carried out and compensation recovered. 

Who is responsible for Social Housing disrepairs?

Housing Associations, housing trusts, including all landlords under social housing associations are responsible for Social Housing disrepairs. If your home rented from a social housing landlord falls into a state of disrepair, your landlord owe you the duty of making sure your property is in an acceptable shape.

What can I claim for Social Housing disrepair?

Disrepairs in social housing can lead to damaging consequences. If you have suffered due to failure on the path of your landlord, generally, you can recover compensation for the following;

  • Damage to belongings – If your disrepair has caused damage to some of your personal belongings, you can recover this damage in your claim for compensation. For example, if an electric fault has destroyed your appliances or mould has affected your clothing and bedding, compensation for such damage may mean the cost of repairing or replacing your belongings. 
  • Personal injury – If you have suffered ill health due to disrepair, or anyone who is living in the property, you may be entitled to a claim for personal injury compensation. In the case, the amount of compensation you receive  depend on the impact and severity of your illness or injury and how long your recovery will take. All your financial losses will be recovered for both medical expenses or loss of earnings.
  • Other form of inconveniences you must have faced as a result of your disrepair can also be compensated for. For example, compensation for mould and damp that have made it impossible for you to sleep on your room could be partial rebate of your rent for that period you suffered disrepair. 

Ultimately your compensation amount, depends on the severity of the disrepair you suffered, the level of impact on your life and how long you had to put up with the disrepair.

Can I claim compensation for mould and damp in my social housing property? 

Yes, not only can you claim compensation for mould and damp, you can claim compensation for much more. 

If your landlord has repeatedly acted negligently, breaching that duty of care he owes you as a tenant, causing you one form of suffering or the other, you may be eligible to a claim compensation for housing disrepair.  Usually when it comes to housing association disrepair claims, you could claim compensation for any of the issues below;

  • Insect infestation
  • Damps and mould
  • Defective heating system 
  • Non-functional boiler
  • Unsafe flooring with loose tiles 
  • Unsafe staircases
  • Broken doors
  • Defective windows
  • Leaking pipes 
  • Cracked sanitation equipment
  • Faulty electric connections
  • Leaks from bathrooms, kitchens, roofs, doors, windows, radiators or pipework
  • Defective roofing 
  • Blocked drains
  • Broken sinks 

How we can help

It can be quite tricky understanding housing disrepair claims, what you are entitled to or who is responsible for certain issues or repairs in your home. Usually, a tenancy agreement outlines the responsibilities of both party (landlord and tenant), but it’s not as straightforward as it may seem. 

If you are not sure of your eligibility, we can help. Reach out to us on our housing disrepair helpline today and one of our housing disrepair claims solicitors will be on hand to offer you free legal advice and determine whether or not you have a valid claim.

 

Our No Win No Fee solicitors for property damage are highly experienced in helping people make claims against local councils and housing associations. When you contact us, you will be guided every step of the way with expert legal advice and support.

For FREE housing advice, call

Call Us 0800 999 7440

No Win No Fee housing disrepair claims 

A conditional agreement (No Win No Fee agreement) is an excellent choice if you are looking to claim compensation without having to worry about the financial implications. Our housing disrepair claims solicitors offer you expert legal services on a No Win No Fee basis. 

You will not be charged any legal fee by our experts until your claim is successful and you have been duly compensated. Generally after a successful claim, you will be required to pay a certain percentage of your total compensation award to cover the cost of hiring our specialist. 

Contact Us

  • If your landlord has repeatedly ignored your concerns
  • If you have suffered problems due to negligence 
  • If anyone living in your property has suffered personal injury due to disrepair 

Our No Win No Fee housing solicitors can help you make a claim for housing association disrepair. Don’t let your rights as a social tenant be trampled upon by your landlord. We will ensure that your housing disrepair claim is dealt with adequately and compensation recovered.

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