Compensation, alongside the repairs.

Compensation is intended to recognise the impact that housing disrepair has had on a tenant where a landlord has failed to meet its legal repairing obligations. In England, those obligations arise from section 11 of the Landlord and Tenant Act 1985, together with the requirement that rented homes be fit for human habitation under the Homes (Fitness for Human Habitation) Act 2018. Every claim is different, and compensation is not awarded automatically simply because a repair problem exists.

Whether compensation is available will depend upon a number of factors, including the nature of the disrepair, how long the problem continued, whether the landlord was aware of the issue, and the effect the disrepair had on the tenant. Each case is assessed on its own facts.

When might compensation be available?

Depending on the individual circumstances, compensation may be considered where a landlord was responsible for carrying out repairs, the landlord was informed about the problem, repairs were not completed within a reasonable time, the tenant experienced inconvenience or disruption, personal belongings were damaged, or the condition of the property affected the tenant’s enjoyment of their home. Obtaining legal advice can help you understand whether compensation may be available in your particular circumstances.

Housing disrepair can have a wide-ranging impact on everyday life.

Damage to your home

Disrepair may affect walls and ceilings, floors, decoration, windows, doors, and kitchen or bathroom fittings.

Damage to personal belongings

Depending on the circumstances, disrepair may damage furniture, clothing, carpets, curtains, electrical items and children’s belongings. Keeping photographs and records of any damaged possessions can be helpful.

Loss of enjoyment

Living with ongoing disrepair may affect your ability to enjoy your home — rooms may become unusable, heating may not work properly, water leaks may disrupt daily life, and damp and mould may make parts of the property unpleasant to use. These issues may be relevant when considering the overall impact of the disrepair.

Evidence that may support your claim

Every housing disrepair claim depends on the available evidence. Helpful evidence may include photographs of the disrepair, copies of repair reports, emails and letters sent to the landlord, records of telephone calls, appointment confirmations, photographs of damaged belongings, receipts where available, and medical evidence where relevant. Keeping a clear timeline of events may also assist in explaining how the problems developed over time.

Before considering a claim

Before legal action is considered, it is generally important that the landlord has been informed of the repair problem, that the landlord has had a reasonable opportunity to carry out repairs, that the history of the repairs has been recorded where possible, and that supporting documentation has been retained. Every claim depends upon its individual facts and should be assessed on its own merits.

We understand that housing disrepair claims are about more than compensation. For many tenants, the priority is ensuring that their home is properly repaired and made safe to live in. We begin by reviewing the repair history, considering the circumstances of your tenancy and advising whether legal action may be appropriate. Where suitable, we assist council and housing association tenants in pursuing claims aimed at securing the necessary repairs and, where the law permits, seeking compensation for the losses or inconvenience arising from the disrepair. Our advice is clear, practical and tailored to your individual circumstances.

Why choose Jefferson Clarke?

• Specialist housing disrepair advice
• Clear explanations of your legal rights
• Practical legal guidance
• Professional communication throughout your claim
• A supportive and approachable service

Return to our Housing Disrepair overview, or read about the specific problems that can give rise to a claim.