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Social Housing Disrepair Claims
If your landlord has acted negligently, we can help you claim compensation.
We pride ourselves on offering access to justice and a quality compensation recovery service. To help us achieve that, we offer No Win No Fee agreements in all cases that we take on, including social housing claims.
£85 million in compensation
Social Housing Disrepair Claims
If your landlord has acted negligently, we can help you claim compensation.
We pride ourselves on offering access to justice and a quality compensation recovery service. To help us achieve that, we offer No Win No Fee agreements in all cases that we take on, including social housing claims.
Social Housing Disrepair Claims – Advice On Your Rights and Claiming Compensation
Social housing disrepair claims can be made by tenants in the UK if the property is in a state of disrepair, they have reported the issues, and the landlord has failed to carry out the repairs they were responsible for within a reasonable timeframe.
We should consider our home to be a safe space. So, if your home poses risks to your health or safety and your landlord is at fault, we could help you claim compensation.
Key Takeaways
- As a social housing tenant, your landlord will either be the local council or a housing association (non-profit organisations that own, manage, and let rented housing).
- If the social housing disrepair causes you an illness or injury, you can also make a personal injury claim against your landlord.
- Types of social housing disrepair include damp and mould, faulty heating, and problems with drainage systems.
- Vital evidence that can prove housing disrepair include copies of your tenancy agreement, copies of correspondence between you and your landlord, and photos of the disrepair.
- No Win No Fee social housing disrepair claims can be made with our specialist solicitors.
Our solicitors have secured over £90 million in compensation for their clients. To be the next client they help today, please feel free to contact us at any time:
- Call 0151 375 9916.
- Fill out our online Contact Us form.
How To Make Social Housing Disrepair Claims
To make social housing disrepair claims, you’ll need to prove that your landlord (the council or a housing association) failed to adhere to their duties.
Section 11 of the Landlord and Tenant Act 1985 outlines the obligations for all landlords. This includes:
- Maintaining the property’s external structures, like the roofing and gutters.
- Carrying out essential repairs.
- Ensuring that services such as hot and cold water, gas, and electricity all run reliably.
- Maintaining the property’s sanitary features, such as toilets, bathtubs, showers, and sinks.
So, if your landlord fails to fix any housing disrepair within a reasonable timeframe of it being reported to them, you could have an eligible social housing disrepair claim for any damage.
How Is Social Housing Disrepair Compensation Calculated?
Social housing disrepair compensation is typically calculated as a percentage of the rent paid while the property was in a state of disrepair, usually between 25%-50%.
The final amount is determined based on:
- The severity of the disrepair.
- The duration of the issue.
- The impact the disrepair has had on the tenant.
- Whether there are any damaged possessions due to the disrepair, such as clothing and furniture.
For example, a client’s rent is £800 a month, and they had complained about severe damp and mould for 12 months before the issue was resolved. They would be granted 30% of the rent they had paid for those 12 months, plus any damage to the property (if documented and there was proof of purchase, etc.). This equals to £2880 plus property damage.
Please note, this compensation calculation does not include any injuries that have been suffered from the disrepair.
We can confirm for free whether you are entitled to any social housing disrepair compensation if you contact us today.
Can I Claim For Injuries Caused By The Social Housing Disrepair?
Yes, if the social housing disrepair has caused you an illness or injury, then you can make an additional claim against your landlord alongside a housing disrepair claim. This is known as a personal injury claim.
Under Section 4 of the Defective Premises Act 1972, landlords have a duty of care to ensure that tenants aren’t at risk from being harmed due to unsafe living conditions.
You can therefore make a personal injury claim for social housing disrepair if you can prove:
- Your landlord was aware of the disrepair.
- They failed to fix the disrepair within a reasonable timeframe.
- You suffered an injury or illness as a result of the unfixed disrepair.
Further down this guide, we look at examples of eligible personal injury and social housing disrepair claims. Otherwise, to find out whether you’re entitled to compensation, you can have a free chat with us today about your circumstances.
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Do I Need To Make A Complaint To My Council Regarding The Disrepair?
It is not strictly necessary to make a complaint to the council regarding the disrepair. However, a formal complaint to the council or your landlord can support your claim. Additionally, you must report the disrepair to your landlord.
This is because social housing disrepair claims are only valid if it’s proven that a landlord failed to respond to reports and fix the disrepairs in the property.
Formal complaints against social housing landlords can be made if:
- They failed to fix the disrepair.
- They took too long to respond or carry out the repairs.
- The quality of the repair was unacceptable and poor.
- An inspection was carried out, but then nothing happened after.
You should follow the specific complaints procedure outlined by your landlord (whether that be via an online form, phone call, etc.). But, make sure to keep a record of your complaint, including dates and what was said, as this can be used as evidence.
If you are not satisfied with their response, then you can escalate your complaint to the Housing Ombudsman.
Your complaint can also be used as evidence to strengthen your social housing disrepair claim. Contact us today to see whether you can get the compensation claims process started.
What Compensation Can I Get For Injuries Caused By Social Housing Disrepair?
When making a personal injury claim for harm caused by social housing disrepair, your compensation will include payouts for both the physical and mental harm suffered (general damages), and any financial losses that have resulted from the harm (special damages).
Under general damages, you can be compensated for factors such as:
- Loss of amenity (loss of quality of life).
- Physical pain.
- How long it takes to make a full recovery.
Legal professionals often calculate general damages by looking at your medical records and the Judicial College Guidelines (JCG). These guidelines contain compensation brackets for a variety of injuries and illnesses.
You can find some examples of the types of injuries and illnesses that could potentially be suffered from social housing disrepair in the table below. Included are also their guideline compensation brackets from the JCG.
| Harm type | Harm severity | Guideline compensation brackets |
|---|---|---|
| Multiple, serious harm + special damages | More than one serious type of harm with related costs, such as medical bills, lost earnings, and travel expenses. | Up to £1,000,000+ |
| Brain damage | Very severe (a) – includes cases such as a substantially limited life expectancy resulting from ‘locked-in syndrome. | £344,150 to £493,000 |
| Less severe (d) – problems with memory and concentration will persist, however, a good recovery will be made and a normal social and work life can be recovered. | £18,700 to £52,550 | |
| General psychological damage | Severe (a) – a poor prognosis with a significant effect on all aspects of the person’s life (such as the ability to work and socialise). | £66,920 to £141,240 |
| Moderate (c) – while problems in the person’s life will persist, a marked improvement by trial will be made and the prognosis will be good. | £7,150 to £23,270 | |
| Scarring to body | Burns covering more than 40% of the body – factors influencing this award include the percentage body area that’s affected and whether surgery is needed. | Likely to exceed £127,930 |
| Asthma | Severely disabling and permanent (a) – causing prolonged coughing, sleep disturbance, and and severe impairment of enjoyment of life. | £52,550 to £80,240 |
| Chronic asthma (b) – causing breathing difficulties and the need for an inhaler. | £32,090 to £52,490 | |
| Wheezing and bronchitis (c) – affecting work and social life, with a likely substantial recovery after a few years following exposure. | £23,430 to £32,090 |
Please keep in mind that none of these figures can be guaranteed, as all social housing disrepair claims have unique circumstances.
Can Special Damages Be Covered In Social Housing Disrepair Claims?
Yes, special damages can also be covered in social housing disrepair claims if you can prove that you’ve suffered financial losses due to the harm that’s resulted from the housing disrepair.
For example, you could be reimbursed for:
- Lost earnings, if your harm has caused you to have time off work.
- Future loss of earnings, if your harm is permanent and prevents you from working again.
- Medication bills (over-the-counter pain killers, prescriptions, etc.)
- Travel expenses, making your way to and from medical appointments.
If one of our solicitors helps you throughout the social housing disrepair claims process, they can help you collect evidence to prove your financial losses, such as payslips, receipts, invoices, and bank statements.
For more information on how social housing disrepair claims are calculated, please feel free to contact us today. Our advisors will be more than happy to help.
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on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
What Are Some Examples Of Disrepair That Can Be Claimed For?
Tenants in the UK can claim for a wide range of social housing disrepair, provided the landlord was responsible for the disrepair and failed to act within a reasonable timeframe after being notified.
Examples of eligible social housing disrepair claims include:
- Damp and mould – caused by underlying problems such as faulty guttering, leaking pipes, etc.
- Leaks and water damage – leaking pipes, roofs, or plumbing that causes damage to the property or the tenant’s belongings.
- Structural damage – unstable floors, large cracks in the walls, or issues with the foundations that compromise the safety of the building.
- Broken doors and windows – that affect the security of the building and energy efficiency.
- Hot water and heating problems – faulty boilers or radiators, especially during the colder months.
- Electrical hazards – faulty or exposed wiring and broken sockets that pose a risk of electric shock or fire.
- Plumbing/sanitation issues – problems with drainage systems, toilets, etc.
- Pest infestation – rodents or insects that result from disrepair, such as a hole in the structure allowing entry.
Please note that landlords are not responsible for minor repairs and maintenance that fall under the tenant’s responsibility (such as changing lightbulbs), or damage that is purely the tenant’s fault.
To find out whether you are entitled to start the social housing disrepair claims process for compensation, please contact us today.
What Are Some Common Injuries Caused By Disrepair?
Common injuries caused by housing disrepair typically fall into two main categories: physical injuries resulting from accidents, and illnesses resulting from hazardous living conditions.
Physical injuries from accidents may include:
- Slips, trips, and falls – loose or missing floorboards, ripped carpets, uneven stairs, and poor lighting can lead to injuries such as fractured bones, head injuries, spinal cord damage, sprains and strains, and lacerations.
- Burns and scalds – from malfunctioning heating systems or fires from faulty electrical wiring.
- Electric shocks – from damaged or outdated electrical systems, broken sockets, or exposed wiring.
- Falling objects/structural collapse – falling elements from tiles, doors, ceiling parts, or entire architectural features can lead to crush injuries, brain damage, and neck injuries.
Illnesses from hazardous living conditions may include:
- Damp and mould – respiratory problems such as asthma, bronchitis, pneumonia, emphysema, and other infections.
- Carbon monoxide poisoning, lead poisoning, and asbestos; exposure to harmful chemicals and materials.
- Gastrointestinal infections – caused by plumbing issues/exposure to contaminated sewage or water, and blocked drains.
- Pest infestations, damp and mould – these can all trigger skin conditions, rashes, and allergic reactions.
- Cardiovascular issues – from prolonged exposure to excessive indoor cold temperatures.
- Mental health problems – such as stress, anxiety, and depression from living in substandard conditions.
If you have suffered any of these types of harm due to negligent living standards, please contact us today. We may be able to help you begin the social housing disrepair claims process.
What Is Needed When Claiming For Social Housing Disrepair?
When claiming for social housing disrepair, evidence is needed to prove that your landlord was aware of the disrepair in the property and that they failed to fix it within a reasonable timeframe.
Key evidence that can prove this includes:
- Copies of your tenancy agreement.
- Copies of all correspondence you’ve had with your landlord (such as emails, letters, and recordings of phone calls).
- Photos and videos of the disrepair.
- A copy of the formal complaint you raised to your landlord.
- A recorded date and time of when you first reported the disrepair.
- Copies of your medical records, if you have suffered any injuries or illnesses from the disrepair.
- Contact details from anyone who can provide a witness statement later on in the social housing disrepair claims process, such as other flatmates/cohabitants.
- Personal diary entries of what symptoms you’re suffering, and what treatment you’ve received (if you’ve suffered harm from the disrepair.
- Receipts for any damaged belongings.
- While not necessary, you can pay for an environmental health officer to make a report. If your compensation claim is successful, you can recover the cost for this.
If you are connected with one of our specialist solicitors, they can help you collect the above evidence to take all of the pressure off of you.
Additionally, you will need to ensure that you are within the social housing disrepair claims time limit, which is typically:
- 6 years if you are making a claim for just the disrepair, commencing from the date the landlord failed to make repairs.
- 3 years if you are making a personal injury claim caused by the disrepair, commencing from the date your injury or illness was suffered.
However, in some circumstances, there may be exceptions made to these time limits. Our advisors can tell you whether these exceptions apply to you. So, contact us today to find out.
No Win No Fee Social Housing Disrepair Claims
No Win No Fee social housing disrepair claims can be made with our specialist team of solicitors.
Our solicitors specifically work on the basis of a Conditional Fee Agreement (CFA), which means:
- You pay nothing upfront or throughout the entire social housing disrepair claims process for your solicitor’s work.
- You pay nothing at all for your solicitor’s work if the claim ends up unsuccessful.
- If your claim is successful, you still keep the majority of the settlement all to yourself. Your solicitor will just keep a small percentage of the compensation, which is known as the success fee. This percentage is capped by law and fully disclosed to you before the claims process begins.
The work that our solicitors can do for you under a CFA is extensive. They can:
- Gather and present your evidence for you.
- Communicate with your landlord, and any other relevant parties, so you don’t have to.
- Use their expertise to negotiate the best possible compensation value.
- Put you in contact with rehabilitation specialists.
- Guide you through every single step of the social housing disrepair claims process for clarity and ease.
- Explain any legal terminology you come across.
- Sort out legal representation on your behalf if the claim gets taken to court (which will be highly unlikely, as most compensation claims are settled before the need for court).
If you would benefit from these services and a No Win No Fee agreement, please contact us today. Our solicitors may be able to help you during this difficult time.
Contact JF Law’s Solicitors
Contact us today for free. Our advisors can have a no-obligation chat with you about your specific social housing disrepair. If our solicitors connect with you, they can use their years of expertise to ensure that your claim has the best possible chance of success.
- Call 0151 375 9916.
- Fill out our online Contact Us form.
More Information
For more information on compensation claims, please browse our similar guides:
- Learn about interim payments and how they can help in a compensation claim.
- Check out our legal glossary for definitions of terminology you may come across in the claims process.
- How to sue the local council.
You might also find these other pages useful:
- Gov.UK – information on deposit protection schemes.
- Gov.UK – information on landlord responsibilities.
- NHS – 111 online service.
We hope that this social housing disrepair claims guide has given you the confidence and assurance you were looking for. Don’t forget that our advisors are available 24/7 to chat to you at any time.
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