Are You Living in a property with Housing Disrepair Issues?

To have a valid claim, you must have reported the disrepair to your council or housing association, and your landlord must have failed to fix the issue within a reasonable period. Additionally, the disrepair must still be ongoing.

One of the main legal provisions used in housing disrepair claims is Section 11 of the Landlord & Tenant Act 1985. This law places a repairing obligation on landlords but does not require them to improve the property or fix inherent design flaws.

A Subject Access Request (SAR) can be made to request disclosure of records related to your complaints. This requires your landlord to provide evidence such as emails, text messages, postal correspondence, or any other communication showing that you reported the issue.

The law does not specify an exact timeframe, as it depends on the severity of the disrepair. Urgent issues, such as problems related to heating or water supply, should be addressed immediately. Less urgent matters may take longer, but landlords are still expected to act within a reasonable period.

Yes, time limits apply:
• Housing Disrepair Claims: You have up to six years from the date you first reported the issue to your landlord.
• Personal Injury Claims (if caused by the disrepair): The deadline is three years from the date of the injury.
• Claims for Children: If the claimant was under 18 when the issue occurred, the three-year limit does not begin until their 18th birthday, meaning they have until their 21st birthday to make a claim.

Claims are typically handled on a ‘No Win, No Fee’ basis, meaning you do not need to pay anything upfront. If your claim is unsuccessful, you won’t have to pay any legal fees.

Compensation is usually paid to your solicitor first. Legal fees and any associated costs will be deducted before the remaining amount is transferred to your nominated bank account via BACS.
If you have rental arrears, your landlord may deduct the owed amount from your compensation. If the arrears exceed the compensation, the balance will go toward reducing your outstanding rent, and no additional payout will be made.