How much can you get for your housing disrepair claim?

When:

  1. Your property has deteriorated or in other words negatively changed from what it was at the time you moved in and
  2. If you have notified your landlord in writing and
  3. Given him a reasonable time to correct the situation and
  4. When a landlord has failed to carry out such repairs to a house or flat you reside in, you can claim compensation.

The compensation can be awarded to the tenant in addition to two other heads of claim which are listed as follows.

  • Household repairs;
  • Compensation for pain, suffering and amenity;
  • and legal costs for the housing disrepair claim

There are a number of factors which influence the compensation that you might receive. Compensation will factor ‘pain, suffering and loss of amenity’ caused by residing in a house with a disrepair issue or having to vacate it.

The amount of compensation you may receive is based on how long the housing disrepair matter lasted and the severity of the issue and how it impact on you and your household members on a daily/regular basis

What is ‘pain, suffering and loss of amenity’?

If you have suffered physically as a result of a housing disrepair, this means that the landlord has failed to provide you the adequate level of living conditions for which you pay for in the form of rent.

Any issues you faced as a result of the housing disrepair which caused inconvenience and distress are defined by ‘pain, suffering and loss of amenity’ including having to vacate the house.

What is used as a basis to calculate the housing disrepair compensation?

The rent of the property is used as a basis to calculate the compensation. You will be awarded a percentage of your rent that you paid while you resided in the house or flat with disrepair. Even if the rent is paid by your local council in the form of Housing Benefits, you can still claim compensation. The rent is purely used to calculate the value of your claim.

The actual percentage that you will be awarded depends on the severity of the disrepair. A completely uninhabitable property will result in 100% compensation, however, this is extremely rare. Normally, compensation ranges between 25% to 50% of the rent of the property.

Examples of how housing disrepair compensation is calculated

Disrepair: Heating issues for 1 years continuously.

Rent per month: £800pcm

Value of rent for the whole period of the claim i.e. 1 year: £9,600

Compensation at 25%: £2400

Disrepair: Severe damp for 6 months continuously and damage to possessions.

Rent per month: £1200pcm

Value of rent for the whole period of the claim i.e. 6 months: £7200

Compensation at 40%: £2800

The second example mentions damage to possessions. If your belongings are damaged as a result of the housing disrepair as mentioned above, you will also be compensated for this loss.

If you have a housing disrepair claim, contact our specialist team who have a wealth of experience in dealing with such matters. Through our expertise, we can help you put a value on your claim and pursue it professionally.

As a no win, no fee firm, you don’t have to pay us for our services. Our aim is to look at your case and give you an honest breakdown of what you can claim.

To speak to our team, you can call us on 020 7790 7311 or email contact@freemanharris.co.uk.

About Talha Fazlani

Talha is the Head of Marketing & Operations at Freeman Harris Solicitors. He writes most of our content and would be the first person you deal with if you have a family law or intellectual property query.