Housing Disrepair FAQ
Who are ‘Your Housing Disrepair Claim’?
Your Housing Disrepair Claim work with a team of legal experts, who are dealing with many other claims like yours. Your claim will be assessed by one of our experts and if you qualify, you will then be passed to a panel of solicitors who will dedicate someone to your
claim, so you always have someone to contact.
Do I still have to pay the rent, if the landlord won’t make repairs?
It is almost never a good idea to stop paying your rent – although in some limited circumstances it is possible. It can lead to you being evicted or owing a lot of money. If you are thinking about withholding rent, do not do it without getting legal advice first. Whether you can withhold rent depends on the exact wording of your tenancy agreement. If you do withhold rent:
(a) You can only withhold an amount that is equal to what the Landlord owes you;
(b) Unless you are using the money for the repairs, you must not spend it.
I do not want to let the Landlord in to my property
If you don’t let the Landlord in, they can’t see what needs repairing or repair it. The landlord also has a legal right to come into the property to inspect it and perform repairs. The Landlord must give you 24 hours’ notice (that notice has to be in writing) and cannot come at an ‘unreasonable’ time – which means late night or early morning visits are not usually acceptable. Normally the Landlord can visit the property without giving you notice, if they think there is a very serious problem with the property that needs to be dealt with extremely urgently. Ultimately, if you do not let the Landlord in, the repairs usually cannot be fixed, you are unlikely to be eligible for any compensation and the Landlord may even be able to evict you.
What sorts of compensation can I claim?
If you win your case you will usually be entitled to:
- A percentage of your weekly or monthly rent for as long as the problem has been going on for – to compensate you for having to put up with the disrepair;
- If the disrepair has led to your personal property being damaged, the money needed to repair it or replace it with something equivalent;
- If you have had to spend your own money or you had to borrow money because of the disrepair, you will be entitled to have that money paid back to you;
- Sometimes, instead of ordering the Landlord to make a repair, the Court will award you money to make the repair yourself.
- In rare cases, where the Landlord has acted extremely poorly, the Court can order a larger amount of compensation to reflect the Landlords poor behaviour;
- You will also normally be allowed interest on the money paid to you
If you do have to spend money on any of the above, please make sure you keep all receipts and take photographs of the repairs you are completing, damaged property etc. so that we can claim this money back for you.
If I win, how much compensation will I be entitled to?
We cannot be specific because it depends on what has happened and the circumstances of your case. The main factors that affect compensation are: How much rent you pay, how serious the disrepair was, how long it has been going on or, whether you had to pay out any money due to the disrepair and whether any of your possessions were damaged because of the disrepair. It is also vital your landlord has received fair notice to carry out any necessary repairs.
Members of my household have been made ill because of the disrepair.
If you or someone who lives at the property has been made ill or become more ill because of disrepair then your Landlord may have to pay you extra compensation in addition to the compensation that we shall claim for your housing disrepair claim. It is vital that you speak to your GP to discuss any health concerns that you may have or suspect that are a result of the disrepair.
How long do I have to make a claim?
If there is a problem with disrepair persisting at your property, there is no time limit. However, if there is disrepair that has been persisting and reported to your landlord for more than 6 years, any compensation received will be calculated based on the 6 year period prior to the date of issue of court proceedings. If the problems have been fixed, you will usually have 6 years from the date that you first reported the disrepair to your landlord in which to make a claim for compensation. If you have suffered a personal injury the time limit is 3 years from the date of injury caused by the disrepair, although the Court can sometimes extend this time limit at its discretion.
Can I make a claim if the problem has been repaired?
You may have grounds to make a claim however, to win a claim, you need to be able to prove that there was a problem at the property. When the problem is on-going this is straightforward, we can (and usually will need to) arrange for one or more specialist experts (normally a surveyor), experienced in Court cases to attend the property, and prepare a report, detailing the problems with the property. This report can then be used as evidence in Court proceedings. However, if the disrepair has been corrected, it can make it difficult to prove that it ever existed or how it affected you. We recommend that you contact us today so that one of our experienced solicitors can provide you with advice that is specific to your claim.
The Landlord suddenly wants to do the repairs now that I have mentioned making a claim – will I still be able to get compensation?
If you have not already instructed a solicitor, then it is important you allow your landlord access to your home to assess the repairs that are required. If your landlord does not commit to a date to commence the repairs or if they fail to honour that date, then you should contact us immediately so that we can advise you on the best course of action on how to proceed. There is also a possibility that your landlord will try and blame the disrepair on your lifestyle and deny any liability, do not settle for this response. Contact our office so that we can ensure that you have the best advice to make an informed decision on how to proceed.
I am in rent arrears, can I still get compensation?
Yes, you absolutely can. However, your Landlord will normally be able to (if they choose to) use your compensation to reduce your arrears and, if there is any left, pay you the remainder.
How am I meant to pay for you to represent me?
Making a legal claim can be expensive and if you lose, you would normally be expected to pay the other sides costs. Therefore, we have worked hard to find a way to protect you from these expenses. Contact us today so that we can provide you with the advice that you need to make an informed decision on how to take that first step towards your compensation.
