Overview
Housing Disrepair Claims
From our housing solicitors in Liverpool
Find out where you stand with housing disrepair
If you are a private, council or housing association tenant and you think your rented home is in a state of disrepair, then our specialist housing disrepair solicitors can help. Our friendly and expert Liverpool based team will provide all the assistance you need to get your landlord to fix your home or make a housing disrepair claim for compensation if they don’t.
All landlords have a legal obligation to maintain rented property to a reasonable standard. So, whether you live in a privately rented property, if you are a council tenant a housing association tenant or if you live in social housing, you should take early action if your property is in disrepair.
If your landlord has failed to carry out repairs to your home, we recommend that you seek legal advice to see whether you have a claim. Disrepair claims can be brought against a landlord if:
- You have been seriously inconvenienced or unable to enjoy the full use your home for a long period of time.
- Your personal possessions have been damaged
- Your health has been adversely affected by the living conditions
Our housing solicitors can help you claim compensation for the distress, inconvenience and discomfort you have suffered. We can also claim for any damage caused to your personal property.
What exactly counts as housing disrepair? And other questions
We’ve created a separate page to answer the most commonly asked questions around housing disrepair. Find out answers to questions like;
- What is classed as housing disrepair?
- When can I make a claim for housing disrepair?
- How much compensation can I get for my housing disrepair?
- Why should I make a housing disrepair claim?
- Who can help me make a housing disrepair claim?
- Can my landlord evict me for making a housing disrepair claim?
Before you go to those FAQs you may want to understand a little bit more about your rights as a tenant. It’s both comforting and empowering to know where you stand.
Your Rights as a Tenant
As a tenant in a rented property, you have the right to live in a safe, healthy and comfortable home.
Your landlord has a legal obligation to ensure that the “structure and exterior” of your rented home is in good repair. They also have an obligation to ensure where you live is secure and fully habitable, that the supply of water, gas, electricity, heating and sanitation is safe and working properly.
Your tenancy agreement may include additional terms that broaden the responsibilities of your landlord. It is always important to get, and then check your tenancy agreement, to see what your landlord is obliged to maintain and what items are your responsibly. Having a good tenancy agreement is vital.
Recent legislation makes it clear that at the beginning of a tenancy your landlord is obliged to ensure that your new rented home will be fit for human habitation. This legislation also ensures that you are provided with and continue to live in a decent and well-maintained house.
So, if you tell your landlord there is a problem and they refuse to fix it, you have the right to force them to carry out the repairs. Our Housing solicitors in Liverpool can help you force your landlord to carry out the repairs that they are legally responsible for. Our friendly and experienced team will help you to get to grips with where you stand as a tenant get the repairs you need done and if the repairs are not done, to claim the compensation you deserve.
Funding your Claim
We understand that in many cases tenants will not be able to pay the legal costs for a claim they want to bring privately.
No win no fee housing disrepair claims
To help with this we offer funding as part of a ‘Conditional Fee Agreement’, commonly known as a No win, No fee arrangement. This means that if you lose your case, you will not have to pay our fees. If you win your case, your landlord will generally pay your legal costs.
When we settle your case and you recover compensation, you may have to pay some fees which will be deducted from your compensation. We will explain to you what these fees are. The amount that will be deducted will be agreed with you, in advance.
The main cost associated with making a claim will be insurance premiums. Insuring a claim will protect you in the event of an unsuccessful outcome and it will prevent you having to pay your landlord’s costs.
Legal Aid for housing disrepair claims
In some cases, where living conditions will cause serious harm to you and your family’s health, you may be able to apply for Legal Aid to support your claim.
Legal Aid is also available in claims for rent arrears. In circumstances where the landlord has failed to maintain the property, you may be able to counter-sue their claim. This will force the landlord to carry out the necessary works and offset your arrears.
We will consider your case in detail, including any evidence you have, before assessing each funding agreement individually and provide you with the best options available to you. Our initial commitment to you, is that you will be able to make an informed decision about your case.
If you would like further advice and assistance about your disrepair claim, and the funding options available, you can either call us on 0151 227 1429;
Or;
FAQs
Common housing disrepair questions & answers
Below our Liverpool based housing disrepair solicitors answer the most commonly asked questions around housing disrepair.
- What is classed as housing disrepair?
- When can I make a claim for housing disrepair?
- How much compensation can I get for my housing disrepair?
- Why should I make a housing disrepair claim?
- What is the housing disrepair protocol?
- Can my landlord evict me for making a housing disrepair claim?
- Who can help me make a housing disrepair claim?
What is housing disrepair?
Your home may be deemed to be in disrepair if your landlord has failed to maintain the structure and exterior of the property. This can often include:
- Damp or mould
- Rotten windows or doors
- Subsidence
- Faulty gas appliances
- Roof leaks
When can I make a claim for housing disrepair?
You should take early action and get professional advice as soon as you think you have a housing disrepair issue. We can help you force your landlord to make repairs OR You can make a housing disrepair claim;
- As long as your home is deemed to be in disrepair
- If you have been seriously inconvenienced or were unable to enjoy the full use your home for a long period of time.
- If your personal possessions have been damaged
- If your health has been adversely affected by the living conditions in your rented home
Other important considerations you should understand
- You can take legal action against your landlord within six years from the time your landlord became aware of the disrepairs, assuming they have failed to carry out the repairs.
- You can bring a Housing Disrepair claim during your tenancy, or after you have moved out of the property. If you are still a tenant at the property in disrepair, your claim can include a demand for the necessary work to be completed.
- Please be aware, you cannot bring a legal claim for compensation unless you report the disrepair issue to your landlord during your tenancy. Your landlord must be aware of the state of disrepair before you make your claim.
How much compensation can I get for housing disrepair?
Compensation for housing disrepair cases varies based on the extent of the issue that’s causing you a loss. A completely un-inhabitable property would result in a 100% compensation, but this is rare. In reality, your case will be considered on its specific merits and an appropriate award will be made. Important factors in determining the compensation you’ll receive include:
- The type of property damage and its extent
- The cost of repairs
- The cost of alternative accommodation (if you were unable to live in the property at all)
- The length of time you have been complaining about the conditions
- Additional costs (such as higher heating bills) due to disrepair
- Inconvenience caused to you and your household
- Injury or illness caused by the living conditions
Where your personal belongings have been damaged, you can expect a settlement to reflect a percentage of the item’s value, depending on its age and expected lifetime. It is important that you have receipts or photographs that show the damage to support your claim.
Why should I make a housing disrepair claim?
You should make a claim because you are paying rent and in consideration of that your landlord has a legal and moral duty to provide you with a home that is both safe and pleasant to live in.
If tenants don’t make claims, then more landlords may naturally feel emboldened to avoid meeting their basic obligations. The claims process, known as the Housing Disrepair Protocol, is one of the checks and balances that holds landlords to account and maintains the overall quality of homes in the rented sector.
What is the Housing Disrepair Protocol?
The Housing Disrepair Protocol defines the process for making a disrepair claim. It is the rule book that ensures disrepair claims follow the authorised and regulated procedures. The protocol details specific timetables to be followed, from the date the claim is first issued.
The protocol also includes detailed instructions for making a claim, to ensure that all parties comply with standard procedure.
Can my landlord evict me for making a housing disrepair claim?
If you have a good tenancy agreement, then you are at a relatively low risk of what’s known as ‘revenge eviction’. If you have these types of tenancy, your landlord must prove to the court that there's a legal reason to evict you.
If this concerns you, then you should talk to one of our Liverpool based housing solicitors and we can help you find out where you stand.
Who can help me make a housing disrepair claim?
Here are a few links that you might find useful:
- Citizens Advice: Taking Court Action because of Disrepair
- Shelter: Legal Action if your Landlord won’t do Repairs
- Landlord and Tenant Act 1985
Alternatively, if you would like to speak to a specialist housing disrepair solicitor, you can always call our friendly team on 0151 227 1429;
Or;
