With increase in demand for rental properties, it is no news that many tenants don’t know their legal rights when they encounter a disrepair problem during their tenancy. More and more tenants are residing in unsuitable and hazardous conditions as some landlords fail to maintain their property after letting it out to them.
What legal action can you take? No one should be made to suffer or live in horrible conditions when the law requires landlords to do something about it. With the help of our expert housing disrepair claims solicitors, you may be entitled to claim compensation for your property in disrepair. Contact us via our housing disrepair helpline.
What Is Classed As Disrepair?
Disrepair refers to damages in a property that needs to be fixed. Additionally, housing disrepair is the poor condition of an apartment that needs to be repaired in order to make it safe and inhabitable for tenants.
As a tenant living in a rented property, your landlord is obligated by law to make sure the apartment is in a good state of repairs, both the interior and exterior structures before you move in. They are also liable to maintain the property after the tenant moves in. Common disrepair issues that may lead to claiming compensation by tenants living in council housing are:
- Blocked Drains Or Pipes.
- Cracking Walls.
- Inadequate Heating System.
- Leaky Roofs Or Walls.
- Blocked Sanitary Conveniences.
- Unsafe Stairs.
- Pest Infestation.
- Broken Doors, Windows And Tiles.
- Mold & Damp Problems.
What Are Your Rights As A Council Tenant?
As a council tenant, you sign a tenancy agreement before moving in. It’s a contract where both parties commit to keeping the property in good condition throughout the period of tenancy, such that if issues regarding repairs come up a tenant is protected.
Your rights are clearly stated in the tenancy agreement, but if your landlord argues against it and fails to carry out repairs, we can assist. Speak to one of our no win no fee solicitors property damage representatives to know if you are eligible to make a claim. All repairs must be made in accordance with the council housing tenancy standard. As a council tenant you have the right to live in a:
- Mold And Damp Free House.
- Well-kept And Safe Building.
- House Free From Pest Infestation.
- Good Functional Drainage System.
- Good Sanitary Conveniences.
- Property With Adequate Water Supply.
- Property With A Good Heating System.
Landlords And Tenants Duties
Tenants and their landlords both have duties in a rental property, although most of the major repair work is the sole duty of the property owner. Tenants also have a duty of care to the accommodation they rent from landlords, such as:
- Making Minor Repairs.
- Keeping The Apartment Clean.
- Daily Maintenance And Upkeep.
- Make Sure Visitors Do Not Damage Anything.
- Normal Wear And Tear.
- Notify the landlord about disrepair problems.
On the other hand, landlords have a major responsibility for maintaining the property and making it fit for human habitation. Landlords must not compromise tenant’s safety and well-being to minimise housing disrepair claims. They are responsible for maintaining;
- External Structures such as, the foundation of the building, roofs, walls, gutters gates.
- Fix Plumbing Issues such as sanitary conveniences, toilets and baths.
- Basic Amenities such as water supply, electricity, heating and gas.
- Fixing Fire Alarms And Carbon monoxide alarms.
What Evidence Do I Need When Claiming Compensation For Disrepair?
When claiming compensation against your landlord you need to establish that your landlord’s negligence caused you damages. Also proving that your rental property needs to be fixed to make it suitable for you and your household. Claimants who don’t have evidence may not have a valid compensation claim even when their home is in disrepair.
By providing enough proof to support your case, you’ll be able to claim against a negligent landlord. Ensure you provide sufficient evidence and information about your housing disrepair issues as this will be used by a solicitor to calculate your settlement. Below is some evidence you may be required to gather to prove disrepair and as well get compensated for damages.
- Copies Of Emails, Notes And Letters.
- Video Clips Of Damages.
- Medical Records If You Suffered Injury.
- Witness Statements
- Correspondence With Your Landlord
- Police Reports.
- Your Diary Entries.
Claiming Compensation For Disrepair In Council Housing
Your council housing landlord is responsible for providing two major forms of compensation payments, one is legally bound by law while the other is voluntary compensation by the landlord.
Compensation Bound By Law.
These are compensation payments that your council housing landlord may be required by law to pay you for damages. If you reside in council housing, you may be eligible for some legally privileged compensation from your landlord such as:
- Disrepair: The most common reason tenants claim compensation from their council or private landlord is lack of repairs. If your home has fallen into disrepair, you may be able to claim compensation for injuries or damages.
- Inconveniences: Compensation payment for any disruptions if you had to leave your apartment temporarily. A tenant is awarded remuneration to cover moving costs.
- Personal Injury Compensation: If you reside in an apartment owned by a council housing landlord that has fallen into disrepair, you could claim compensation if you or a member of your household sustained severe injury.
- Home Improvements: If you were forced to carry out any improvements to the rental property at the end of your tenancy due to landlord negligence, you may be able to claim some extra compensation. This type of award may not apply to all tenancies.
- Home Demolition: A tenant can be compensated for home loss payments if they had to leave their house as a result of renovation or demolition of the property.
- Damage To Personal Property: If your personal property was damaged due to disrepair, you may be able to pursue compensation from your landlord.
- The Right to Repair Scheme: Your landlord may be compelled by law to fix repairs and also compensate you. Under the right to repair scheme there are qualifying repairs that your landlord will be made to fix within a certain period of time, and failure to do so can lead to a compensation claim for disrepair. Find out if you are entitled to any of these compensation benefits by contacting our housing disrepair solicitors.
Compensation Payments Ordered By The Ombudsman.
If you file a complaint through an ombudsman, you may receive financial or non-financial compensation though not in all tenant disrepair cases. However, claiming compensation maybe your best option to get repairs done. Your landlord may be compelled by the Ombudsman to pay compensation for Any Financial Losses, Distress Or Inconvenience.
Voluntary Compensation By Landlord.
This is a compensation amount that your landlord decides to make on his own. It is a gesture from him and it is solely your decision to reject or accept your landlord’s discretionary compensation offer for damages.
No Win No Fee Housing Disrepair Compensation Claims For Council Tenants.
If you’re worried about exorbitant legal costs you may consider funding your disrepair claims under a conditional fee agreement. This type of funding allows affected tenants to claim without stressing about paying legal costs upfront. However, if you win the case, a small percentage will be deducted from your compensation to cover legal expenses. Find out from our housing disrepair solicitors london no win no fee specialists if you’re eligible to claim on no win no fee basis.
How To Claim Compensation From Your Landlord?
Disrepair problems happen gradually whether in council, social or private properties. At first, what seemed like a minor issue can deteriorate if the landlord’s attention is not drawn to it.
When a landlord doesn’t make any efforts about repairs, it can lead to worse problems and make it a living nightmare for tenants. This is why any repairs that are left untreated by a landlord can result in common issues like damage to property, inconveniences and discomfort, injuries, illness and financial losses.
If you live in council housing and your home has fallen into disrepair, you may be able to claim compensation for council housing disrepair claims. To claim compensation from your landlord, speak to our no win no fee housing solicitors. They will guide you through the process on how to claim compensation from your landlord for housing disrepair.
How Much Compensation Could You Be Entitled to As A Council Tenant?
If you’re wondering how much you could claim in compensation for damages it all depends on the extent of damage caused by disrepair in your home and whether or not you experienced a personal injury. There are so many other factors that will determine the final amount you may receive as settlement. Compensation amounts vary from case to case and an experienced housing solicitor can review your claim to know how much it could be worth.
Why Make Your Council Housing Claim With Us?
When notified about a repair problem, a landlord is expected to carry out a reasonable repair immediately to prevent further damage. However, if a landlord behaves in a negligent manner, legal action can be taken against him and a tenant can claim compensation for damages.
If you’re considering taking legal action, get in touch with no win no fee housing claim solicitors. They can provide the legal support you need to claim against your landlord.
Our expert housing solicitors are very experienced in dealing with disrepair problems especially with the council and social housing disrepair matters. We will ensure your repairs are done and also claim compensation for you if you have a valid case.