Could you claim?

Living in a safe and well-maintained home isn’t a luxury, it’s a fundamental right for every tenant in the UK.

Despite this, it is increasingly common to see some housing associations and local councils fail to fulfill their obligations of general upkeep and tenant safety, often leaving tenants to deal with housing disrepair issues on their own or failing to properly fix them at all.

Find out if you have a claim

  • 100% no win no fee. You’ll only pay a fee if they win your case and there are no upfront costs. Find out more about fees.
  • Just 5 questions to find out if you have a claim. We’ll let you know if a claim would be suitable for you.
  • A company you can trust. MoneyPlus Legal is part of the MoneyPlus Group.
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MoneyPlus Legal recently worked for a client who rented from a well-known Housing Association. After complaining for months about the state of his accommodation, he eventually instructed MoneyPlus Legal in December of 2022. By April this year, a settlement was reached, and not only has the damage been repaired, but he received £2,000 in compensation.

Here’s everything you need to know…

Understanding Your Rights:

As a tenant in the UK, you have certain rights when it comes to the condition and maintenance of your council owned, or housing association managed property. The primary legislation governing housing disrepair claims is the Landlord and Tenant Act 1985. According to this act, landlords have a legal duty to ensure that the property is maintained in a good state of repair throughout the tenancy.

Additionally, councils and housing associations must also ensure the property meets certain health and safety standards. We saw the fatal repercussions of poor living conditions last year when a two-year-old boy, Awaab Ishak, died due to chronic exposure to black mould in the flat he shared with his parents in Rochdale. Around 904,000 homes in England had damp problems in 2021, according to the House of Commons Library. This is an issue that should be taken seriously by landlords and tenants and failure to properly prevent this can be considered negligent.

Valid reasons for a Housing Disrepair Claim:

Before launching a case, it’s important to know that you have a case to begin with. The repairs and maintenance that you are responsible for in your council home vary, but the viable scenarios for a claim are usually as follows:

Structural Issues:
structural defects to your property, such as dampness, damaged walls or faulty roofing, and your landlord has neglected to fix these issues, you may have grounds for a housing disrepair claim.

Plumbing and Heating:
Water and plumbing issues such as continual leaks, broken boilers, water pressure issues, or poor heating/plumbing that has had an effect on your living conditions can form the basis of a legal claim.

Shared/Communal areas:
If your living arrangement includes communal areas or shared spaces such as communal gardens or lobby spaces, these will fall under the council or housing association to maintain. Failure to keep these communal spaces up to living standards could result in grounds for a claim.

Electrical Problems:
Similarly, electrical issues such as faulty wiring, poor electrical installations, or recurring electrical issues that compromise your safety may also warrant a housing repair claim.

Pest Infestation:
If your property suffers from a severe pest infestation that poses health risks and your landlord has not taken appropriate action, you may have a valid claim.

Environmental Health Hazards:
The presence of mold, dampness, or other environmental health hazards that impact your well-being and the habitability of the property can also be grounds for a claim.

Scenarios where you may not have a Disrepair Claim:

Though there are a number of scenarios in which you will be able to file a claim for housing repairs, there are scenarios in which the responsibility for upkeep and repairs will fall on the tenant:

Minor repairs or basic maintenance:

Minor repairs such as broken door handles, shower rail or curtains will not be covered and would not be grounds to file a claim.

Damages and repairs caused by tenants or guests:

Damages caused by the tenant such as breaking furnishings, damages to falls or fixtures due to neglect will likely not be grounds to launch a claim. Any repairs required due to misuse will be required to be paid by the tenant.

Paying for replacements of lost property:

You cannot file a claim for replacement of lost property such as replacing keys if they have been lost while in your possession.

Requirements for a Claim:

Unlike some legal proceedings, there are some important preliminary steps that should be taken before you consider launching a Housing Disrepair Claim against your landlord. This is alternately known as Pre-action protocols and failure to take these steps could result in your claim being rejected by the court.

To pursue a housing repair claim against your landlord, certain requirements must be met:

  • Notification:

    Ahead of filing for a disrepair claim, your disrepair must be reported to the council or to your Housing Association, with adequate time to rectify the issue, preferably in writing, so that a record can remain of this request, you should detail the problems and the request for repairs. This gives the council/housing association an opportunity to amend the current issue amicably without the need to involve the courts.

  • Reasonable Timeframe:

    Once notified the council must be given a reasonable amount of time to carry out the necessary repairs detailed. This timeframe can vary depending on the severity and urgency of the disrepair of the property but must be within what would be considered in a court of law a ‘reasonable’ amount of time.
  • Evidence:

    You must ensure that you have documented the disrepair issues thoroughly, including photographs, videos, and written records. It is essential to maintain a record of all communication with your council or housing association regarding the repairs.


  • Professional Assessment:

    In some cases, obtaining an expert opinion, such as a surveyor’s or engineer’s report, may strengthen your claim by providing an independent assessment of the disrepair.

What can be claimed in a Housing Disrepair Claim?

If your Housing Disrepair Claim is successful, your housing association will be ordered by the court to make the repairs and potentially pay for any inconveniences caused to the tenant due to the negligence. This can be repaid in the following ways:

Repairs:

The court may order the housing association or council to carry out the necessary repairs within a specified timeframe. In this case, the work will need to be organised and carried out by the landlord.

Compensation:

You may be entitled to claim compensation for any inconvenience, health issues, or damages you have suffered as a result of the disrepair. This will be the likely option if you have already endeavoured to have the repairs made to the property.

Rent Reduction:

If the disrepair significantly affects the enjoyment of the property, the court may reduce your rent until the repairs are completed. This may also apply as repayment if the tenant needs to pay for repairs themselves, opting to take the repayment in the form of a reduction to their rent repayments rather than as a compensatory amount.

Find out if you have a claim

  • 100% no win no fee. You’ll only pay a fee if they win your case and there are no upfront costs. Find out more about fees.
  • Just 5 questions to find out if you have a claim. We’ll let you know if a claim would be suitable for you.
  • A company you can trust. MoneyPlus Legal is part of the MoneyPlus Group.
Check Now

Seeking advice for a Housing Disrepair Claim?

If you feel you may have a Housing Disrepair Claim or are looking for advice on how to proceed with legal action against your council, our partner law firm MoneyPlus Legal may be able to help. Their team can offer legal advice and work with you on a no win no fee basis to see if you have a case against your landlord. You’ll only pay us a fee if we win your case.

Fees

At MoneyPlus Legal, they work on your behalf to make sure you get what you’re entitled and if they don’t win your case, you don’t pay any fees. You read that right – if they don’t win, you don’t pay.

They want to make sure that their services are accessible to everyone who needs them and that you’re only paying what you need to, when you need to. That’s why they work on a ‘no win, no fee’ basis. This also means that there are no up-front fees to pay either.

How does it work?

In short, if your claim is unsuccessful, you don’t pay a thing. Nada. Nothing. If they win your case, they will look to recover their costs from your housing association/landlord, and you may only pay a fee as a percentage of what they recover for you, which will be agreed with you at the start.

Once they’ve spoken to you about your situation, they’ll send you a pack that explains what information they need, what they’ll do for you, and a Conditional Fee Agreement. This Agreement details the fees if your claim is successful.

If they think you have a valid claim, they may recommend that you take out After the Event (ATE) insurance alongside your Conditional Fee Agreement. This insurance covers the cost of their services if you don’t win (such as the fees for submitting a claim with the court) and is why you don’t need to pay if we’re unsuccessful.

The fees

So, what are the fees involved? Firstly, if your claim is successful, they will pursue costs from the housing association/landlord. This means that you won’t pay for their services, the housing association/landlord will. They may also charge you a percentage of the compensation you’re awarded, called a Success Fee. This will not be more than 10% of your compensation and will be clearly explained in the initial paperwork you receive.

As with most commercial services, VAT is chargeable. This is currently 20% as set by the government. For the ATE insurance, they will always advise you of the cost before they arrange an ATE policy on your behalf.

They will also need to obtain a Surveyor’s report to confirm the likely value of your claim. The cost of the valuation report will also be recovered from the housing association/landlord if the claim is successful. You will not need to pay for the Surveyor’s report.

So, what does that mean in practice? Let’s look at an example and assume you signed an agreement with them for a success fee of 10%, they conducted their work, and you were awarded compensation of £1,000. From this compensation, you would receive £530. This consists of the £1,000 minus their success fee of £100 (10% of £1,000), VAT at £50, and the ATE Insurance of £170.

Please bear in mind that the ATE premium of £170 is only an illustration for the purposes of this example – the actual premium may be more or less than this amount or it might not need to be paid at all.

Want more information? Speak to one of our friendly team today enquire@moneypluslegal.com