Can I Claim Compensation For My Landlords Failure to Repair The Property?
You can ask your landlord to pay you compensation if disrepair caused damage to your health or your belongings.
If your rental property is in a state of disrepair, or even has potential health hazards, you don’t have to put up with it. Many people aren’t sure what their legal rights are in a situation like this. We’re going to examine what options are available to you and how a housing solicitor can help you in a situation where the landlord has failed in its duty to repair a defect in a property.
In short, you are entitled to compensation if the landlord failed in its duty to repair a defect. Before we can talk about potential compensation, we need to first look at the circumstances in which you can bring a claim against a landlord.
When can I bring a claim?
Anytime during your tenancy, you can take legal action, you can also bring a claim after you move out. You usually have six years after the problem was first reported to your landlord to bring a claim for compensation against your landlord. If the problem has caused you personal injury you only have three years.
What must a I do to bring a claim?
To claim compensation, you must report the problem to the landlord while you are a tenant. To build a strong case, you should keep records of the interactions between you and the landlord such as SMS messages, emails, letters or instant messages such as WhatsApp. You should also take notes of important dates, like when the problem was reported.
Any other important documents that you receive, such as medical reports or quotes to fix the problem should be dated and stored. Housing disrepair claims allow you to get compensation for a variety of problems, let’s look at some of these issues now.
It is also a good idea to keep photographs of the repair problem. If the defect deteriorates over time, it is helpful to keep a photo log of the defect.
In most claims for leaky roofs and faulty windows or structural issues such as rising and penetrating damp, it is not unusual for tenants to use extra heating and use additional appliances such dehumidifiers to heat and dry the property. In such situations, it is advisable to keep copies of your utility bills to demonstrate the additional heating and electricity cost, where applicable.
What can I claim?
The first type of problem you might be able to get compensated for through a housing disrepair claim is damage to your belongings. Things like water leakage or mould can cause damage to your possessions. If you can get your landlord to repair the problem, but your items are damaged during the repair work, you might also be able to get compensated for those damages.
You many also be eligible to make a claim if your health has been negatively affected because the property is in a state of disrepair. To verify that your health has been impacted you should keep any medical records that you received. You may be able to claim for loss of earnings and other expenses based on the length of time and the extent of the injury.
Finally, If you have been inconvenienced because the landlord didn’t repair the damage, or you weren’t able to access the property when repair work was being undertaken you might be able to claim for damages. The amount of money you received usually depends on the time you were inconvenienced and how much rent you were paying at the time. You might also be able to get the landlord to pay for the repair work.
It is possible that you may be able to get a reduction in rent if you were unable to use part or all of your home as a result of the disrepair. If as a result of the disrepair you can only use 75% of your property, then the Court may award a 25% reduction in your rent by way of a refund to be paid back to you. You can claim this even if your rent has been paid by housing benefit or universal credit.
How can I bring a claim against my landlord?
Amin Haque Solicitors can help you to get compensation and ask the Court to compel your landlord to carry out the necessary repairs. Contact our experienced housing disrepair solicitors for a free initial consultation. We can bring a claim on your behalf on a no win no fee basis.
Call 0161 637 8588 and speak to one of our experienced Housing Solicitors
