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Housing Disrepair
Housing Disrepair
If your living conditions are unsatisfactory and your landlord has not addressed your concerns, we can help you claim back for your troubles. Get in touch today so we can help you get the outcome you deserve.
Housing Disrepair
Housing Disrepair Claims
If a landlord provides inadequate care for the condition of the housing, housing disrepair claims can be brought by tenants and other individuals living at, or visiting the property and can include compensation for stress, inconvenience, damage to goods and furnishings and injury to health.
What do I need to do?
- If there are problems with housing disrepair you must bring this to the attention of your landlord by providing notice.
- You should always aim to do this in writing where possible so that you have a written record of notice having been provided.
- You should keep clear records of what the problems at your property are, when they arose, and when you notified you landlord of them.
- If the problem is not resolved promptly it is also likely to be worth contacting your local authority (if they are not also your landlord). The Council has powers to serve various notices in relation to conditions in your home.
- You should always provide access to your landlord to inspect the property and to carry out repairs. A failure to provide access will be a defence to any housing disrepair claims.
What is penetrating damp?
Damp occurs when the housing disrepair in the structure of the building allows water to enter the building from the outside. Penetrating damp is usually caused by structural problems in the building such as faulty guttering or roofing which your landlord/freeholder is usually responsible for maintaining.
What is condensation based damp?
This is where the dampness in your home is not caused by water penetrating from outside but arises due to the conditions in your home. This may be due to a lack of ventilation or poor design. Condensation dampness does not occur due to disrepair, and would not form part of a claim for disrepair. However, it may be possible to bring a claim under The Homes (Fitness for Human Habitation) Act 2018, which is discussed below, or under environmental health legislation.
Housing Disrepair Services
- Defective windows and doors and double glazed units
- Holes in rooves, blocked drains and gutters
- damp and some form of condensation
- Cracked or blown plaster
- Leaks from toilets, pipes and plumbing
- Heating breakdowns
- Defects in floors
- Cavity wall issues
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What is the meaning of the term ‘fitness for habitation’?
The Homes (Fitness for Human Habitation) Act 2018 came into force on 20 March 2019. The Act applies to new tenancies, of less than 7 years, granted on or after 20 March 2019 (but will apply to all such tenancies after 20 March 2020). The Act requires that a property that is rented is: (a) Fit for human habitation at the time the lease is granted or otherwise created or, if later, at the beginning of the term of the lease, and (b) Will remain fit for human habitation during the term of the lease. In considering whether or not a home is unfit for human habitation, the following will be considered: repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food and for the disposal of waste water; in relation to a dwelling in England, any prescribed hazard; A house will be considered to be unfit for human habitation if one of more of the above apply and it is not reasonable for someone to occupy the house in the condition that it is in.
Are there things you cannot bring a housing disrepair claim for?
You can only bring a disrepair claim for damage to your home where that damage has been caused by disrepair. If the problem arises from an inherent defect in the property which is not caused by disrepair, then this is not something for which you can bring a housing disrepair claim. However, you may be able to bring a claim under The Homes (Fitness for Human Habitation) Act 2018, which is discussed below, or under environmental health legislation.
The following types of funding are available in housing disrepair cases: Conditional Fee Agreements (“CFAs”) also known as “no win no fee” agreements – We retain discretion over whether to act under a CFA and we cannot guarantee that this form of funding will be available in all cases. A decision upon whether to act under a CFA will be taken following a risk assessment to ensure that the particular case is suitable for this type of funding. If you win your case, you may have to pay a ’success fee’ and any insurance premium out of your compensation. You will also be liable to pay the costs incurred in the case, but Vanstone solicitors will seek to recover these costs from your opponent, as the winning party is normally awarded their legal costs against the losing party. If your case is lost, Vanstone solicitors will not be paid for the work we have done on your case, however depending on the judgment you may be liable to pay costs and disbursments. You may be able to obtain what is known as ‘after the event’ insurance to cover the risk of you having to pay your opponent’s costs in the event that you lose your case. Private funding – we will be able to advise you about our private rates and outline the work we will carry out if you decide to instruct us on this basis.
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Contact Vanstone law using the contact form or via the following details and we’ll be in touch to let you know how we can help:
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“Really good customer service. Responded quickly to minimise delays throughout the conveyancing process. I thought you were very efficient and handled all matters to a very high standard. Would gladly recommend you!”
Chaudhary
“The service is good. Mazhar did an amazing job with my case. He would contact me if I have missed anything to sign and would ensure that he would take the time to explain everything to me, providing the best service. I received a good settlement and the service was really good.”
W.Habib
“Vanstone Solicitors were very thorough and efficient with my work. They dealt with my Immigration matter and quickly sorted all aspects of my application. They got me the results I wanted. I will defiantly use them again for other matters. ”
M.Azad
“I have used Vanstone Law twice in the past few years and am incredibly impressed not only by their professionalism and efficiency but the speed of their responses to any queries, which is something that is so important when dealing with any legal matter. Highly recommended!”
D.B
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Advice from our legal experts
Vanstone Solicitor’s specialists team has the experience and the expertise you need.
Call us now on or email us on and we will be in touch.
*A free consultation is only redeemable once, and is limited to 20 minutes.