Landlords have a responsibility for ensuring properties are well maintained and repairs are completed when necessary. Tenants are able to claim against their landlords for housing disrepair when they have failed to carry out repairs within a reasonable time of reporting the issue.

You can make this kind of claim is when your landlord has not taken action to repair the property quickly enough and if the property has been unfit to live in, repairs should have been completed as quickly as possible. 

When to claim for disrepair 

If you have suffered as a consequence of your landlord not fulfilling responsibilities for repair, then you should make a claim once you have reported the issue directly with them and had no progress within a reasonable period of time. The main purpose of the claim is to ensure your property is put back into a state of repair and is reasonably fit for occupation.

Your landlord is responsible for:

• Ensuring your home is damp free
• Repairs for installations such as baths, toilets, sinks and drainage systems
• Gas pipes and electrical wiring
• Repairs to the interior of the property e.g. stairs, walls
• Exterior repairs such as guttering and drains
• Ensuring that your home is free of vermin

If you were unable to use part of the property, this would also mean you are entitled to compensation. 

How much is a claim for housing disrepair?

This can vary greatly depending on the amount of inconvenience that has been caused to you by the disrepair. One type of claim you are able to make is for ‘pain, suffering and loss of amenity’. If you have had to move out of the property, then this would be deemed to be highly inconvenient. Usually, a tenant will receive a percentage of the rent for the amount of time they had to live in a situation where there is disrepair. On average, tenants receive between 25% and 50% rent compensation. 

If your belongings have been damaged due to disrepair e.g. a leaking pipe has damaged your furniture, you would also be due compensation for the loss. However, you would not generally be entitled to the full cost of replacing the damaged item(s) and the compensation will be calculated based on the expected life of the item. 

You can get some further advice on claiming for housing disrepair and help with your claim by contacting Emerald Law. Our team has many years of experience dealing with housing disrepair claims and we can help you to claim for what you are entitled to.