You can make a claim for compensation from your landlord if they fail to meet their repairing obligations. This could include a reduction of your rent or financial compensation for the loss. Compensation may also be payable for damage to your belongings, or expenses you have incurred to find alternative accommodation. However, it is important to note that withholding your rent can lead to eviction.

Arrears

If you are a tenant who is in arrears with your rent, it is important to realise that you can make a claim against the landlord for disrepair. This counterclaim can be used to protect you against eviction from your home and can offset any rent arrears that you may have with the damages awarded in respect of the disrepair.

Housing disrepair is where a rented house or flat (whether through social housing or private landlord) falls below a reasonable standard that allows tenants to live in the property without discomfort, illness or distress. This negative change in the condition of your home can include damage to the exterior of your dwelling, a lack of working sanitation facilities and more. Our specialist team of Housing Solicitors can help you to fight your case if you believe that you have a valid housing disrepair claim.

Sadly, it is common for Housing Officers to have one-track minds and rush to pursue possession claims against tenants who are in arrears. This can be particularly concerning when the disrepair at the property is serious and the housing provider has not taken steps to carry out repairs. Our Housing Solicitors can make a disrepair counterclaim as part of your defence against the possession claim, which can potentially stop the eviction and enable you to claim compensation for the disrepair.

Damages

You can withhold rent if the landlord has failed to carry out repairs that affect your safety, health or well-being. The repairs must be necessary and the landlord must have been given reasonable notice to do them. You must set the money aside and not spend it before you can claim it back from your landlord when the repairs have been made. If you do this you may have a defence to a non-payment eviction case. You can also claim damages for disrepair in the form of compensation for loss and inconvenience.

If you do decide to withhold rent you should seek advice and make sure that the landlord has been properly served with notices to carry out repairs. Any disrepair claims should be reported in writing and include images of the problem. Landlords have obligations to provide tenants with adequate heating and hot water, reduce nuisances and maintain the property in a habitable condition.

A successful housing disrepair counterclaim can be offset against any existing rent arrears. However, this will only be possible if the problems existed when the landlord began possession proceedings.

A landlord is likely to want to settle a disrepair claim as soon as it becomes clear that there is a possibility they could be liable for costs. To avoid this, the landlord should consider making a part 36 offer which will remove the temptation to settle a disrepair claim immediately and will allow the court to make an order awarding damages for disrepair.

Repairs

When a landlord has failed to fulfil their repair obligations, tenants should be encouraged to report the issues and ask for the repairs to be made. If a tenant reports a disrepair issue to their landlord and they fail to fix the problem within a reasonable timeframe, then the Landlord may be in breach of their repairing obligation and the tenant can make a disrepair claim.

If the landlord is in breach of their repairing obligations then the tenant can receive compensation, this should include financial compensation, but it also covers other costs such as a loss of enjoyment of the property and damages for personal injury such as illness or damage to belongings caused by the disrepair. The repairing obligation can apply to all types of rented accommodation including private, social and council housing.

One of the problems that can arise with disrepair claims is that tenants who are legally aided can have their costs covered and therefore there is no incentive for a landlord to take action. It is important that tenants keep records of the contact they have with their landlord, this can be done using a diary or email.

It is not a good idea for tenants to withhold rent, as this can prompt the landlord to start possession proceedings and should be used as a last resort. Instead, tenants should set aside some money for rental expenses in case the landlord decides to evict them and then use this to pay the rent once they leave the property.

Court action

If you’re struggling to get your landlord to carry out repairs, a court action could be the next step. This should only be considered when you’ve tried every other option, including complaining to the Housing Ombudsman and your local authority’s redress scheme.

If the disrepair is so severe that it is impacting your quality of life you may be able to claim compensation for loss of enjoyment, distress and inconvenience. You can also claim compensation for damage to your belongings caused by the disrepair. We can help you to establish the specific terms and conditions of your tenancy agreement as well as other landlord obligations in order to decide to what extent your landlord is liable for any disrepair issues.

Visit Website: https://www.united-solicitors.co.uk/personal-injury/housing-disrepair-claims

We will then work with you to ensure that you receive the maximum compensation possible for your situation as well as ensuring that any necessary repairs are carried out. This may involve obtaining any expert evidence that is required to support your case, such as expert reports from a surveyor or an environmental health officer. If you’re entitled to legal aid this will usually cover the cost of these reports.

These claims can represent a significant drain on housing providers, not least through the cost of legal costs paid to tenants’ solicitors, compensation payments and the expense of urgent repairs that have to be undertaken. These expenses can run to thousands of pounds for what might seem minor disrepair. This is why we would encourage landlords to seek legal advice at an early stage if they suspect a disrepair claim might be made.

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