Disrepair in your home could make you ill, cause you inconvenience and stress or damage your belongings. If this happens, you may be able to claim compensation in court, even if you have already left.
It is important to remember that taking your landlord to court is normally only an option if you have strong tenancy rights or you don't mind whether your landlord renews your tenancy. They may try to evict you rather than do the work. Contact an advice centre if you're not sure of your rights - use our directory to find one.
Compensation may be available for one or more issues.
Do I need to warn the landlord before I start court action?
Yes. There is a special procedure, which must be followed in all disrepair cases. You must serve a legal notice on your landlord. The notice must:
- explain what the disrepair problem is
- set out details of when you previously notified the landlord
- give the landlord 21 days to put the problem right - unless the repair is urgent
- state that if the landlord doesn't put the problem right within that time, you intend to take them to court.
If, after the 21 days are up, your landlord still hasn't put the problem right, you can apply to the county court.
Claiming compensation can be complicated, and you'll probably need to help from a solicitor. Use the Community Legal Advice Directory to find one, or call the Community legal Service helpline on 0845 345 4 345 for free, initial advice.
However, if your claim is under £1,000 you can use the small claims procedure.
Can I claim for damage to my belongings?
If items belonging to anyone in your household are damaged or destroyed because of your landlord's failure to carry out repairs, you can claim compensation. This includes clothing, bedding and curtains that have been spoilt by dampness and mould, or carpets and furniture damaged by water leaking from burst pipes your landlord hasn't fixed. Though sometimes contents insurance taken out by you or the landlord may cover these items.
You can also claim compensation for items damaged or broken while repair work was being carried out.
How much can I claim?
You can claim the amount of money it will cost you to replace the property damaged or destroyed. This may only be the second hand value of the goods, unless it would not be possible to buy second hand replacements.
How do I support my claim?
Collect as much evidence of the damage as you can. If possible, don't throw away spoilt items - they may be helpful if you can produce them in court. You should also take photographs any damaged goods, and keep receipts to prove that you've had to replace things. If you still have the original receipts for things that have been damaged, it will help to prove their worth.
Can I claim for damage to health?
You can also claim compensation if you or anyone in your household has been injured or made ill (or made more ill) as a result of the landlord's failure to carry out repairs. The health problems may be physical (eg chest infections caused or worsened by dampness, or injuries caused by unsafe stairs) or mental (eg distress).
How much can I claim?
The amount of damages you can claim will depend on the severity of the illness. For example, if you've been unable to work as a result, you may be able to claim for loss of earnings and for any extra care you've needed.
How do I support my claim?
You'll have to prove to the court that the disrepair and the health problem are linked. The disrepair doesn't have to be the only cause of the health problems, but it must have been a contributing factor. For example, if your child has asthma that is made worse by the damp conditions of your home caused by your landlord's failure to carry out repairs, this would count as a contributing factor to your child's illness.
You may have to produce an architect or surveyor's report to prove the extent of the disrepair, as well as a medical report from your doctor.
Can I claim for inconvenience?
You are also entitled to claim compensation if you've suffered inconvenience or have not been able to use your home in the normal way as a result of the landlord's failure to repair your home. The amount awarded by the court will depend on the level of disrepair and the effect that it has had on you.
Only the tenant can claim for inconvenience - not other people in the household.
Can I claim back some of my rent?
If you haven't been able to use your home, or part of it, because of the disrepair, you may be entitled to an abatement (a reduction or refund) of rent. How much of you can claim will depend on how much of your home is uninhabitable. If no part of the house can be used, 100% of the rent may be abated. If only part of the house is unusable then the rent will be reduced proportionally.
Abatement of rent is sometimes claimed under the heading of 'inconvenience', but you may be able to claim both, if the inconvenience is something other than the fact that you haven't been able to use part of the property.
