Question 1

Can I make a claim if I rent from the council or a housing association?

Accepted Answer

Yes. If you live in a council or housing association property and your landlord hasn't carried out repairs after you've reported a problem, you may be able to make a disrepair claim. This includes things like damp, mould, leaks, or broken heating.

Question 2

How much compensation could I get for housing disrepair?

Accepted Answer

Compensation depends on how serious the problem is, how long it's been going on, and how it's affected your health or daily life. In many cases, compensation is based on a percentage of your rent, plus any damage to belongings or health issues caused by the disrepair. The solicitor handling your case will explain this clearly.

Question 3

Can I get compensation for mould or damp?

Accepted Answer

Yes. If damp or mould has damaged your home, belongings, or health, and your landlord hasn't fixed the issue, you may be entitled to compensation. It's important to have reported the problem to your landlord first and to keep any proof of this.

Question 4

Do I have to use a claims management company to make a housing disrepair claim?

Accepted Answer

No. You do not have to use a claims management company to make a housing disrepair claim. You can complain directly to your landlord and, if that doesn't resolve it, take your complaint to the Housing Ombudsman Service (England) or the Public Services Ombudsman for Wales. Both are free. Our role is to review your details and, if appropriate, refer you to a regulated solicitor. You are under no pressure to proceed, and using a claims management company does not mean your claim will be dealt with more quickly or that you will get a better outcome.

Question 5

Will it cost me anything to make a housing disrepair claim?

Accepted Answer

If your claim isn't successful, you won't pay your solicitor's success fee, as long as you co-operate fully with your solicitor and act honestly. If it succeeds, the success fee is 25% of your compensation plus VAT, deducted from your award. If you cancel after the 14-day cooling-off period, withdraw against your solicitor's advice, or don't co-operate, you may have to pay costs already incurred, including disbursements and, in some circumstances, be liable for your landlord's legal costs. Your solicitor will explain this before you sign.

Question 6

Could I be evicted for making a housing disrepair claim?

Accepted Answer

Making a housing disrepair claim is not, in itself, a legal reason for your landlord to evict you. Council and housing association landlords generally have to follow a legal process and, in most cases, get a court order before you can be made to leave. A landlord can still take action for other reasons, such as unpaid rent or a breach of your tenancy terms, so keep paying your rent and following your tenancy terms. Some types of tenancy, such as introductory or starter tenancies, have fewer protections, so it helps to know which type you have. If you receive a notice to leave, get advice straight away from Shelter, Shelter Cymru, Citizens Advice or a solicitor. This is general information, not legal advice.

Question 7

What happens if my housing disrepair claim is not successful?

Accepted Answer

If your case doesn't meet the legal criteria, or there isn't enough evidence, the solicitor may not be able to proceed. If your case goes ahead but isn't successful, you won't pay your solicitor's success fee, provided you've been honest and co-operated with your solicitor. If you cancel after the 14-day cooling-off period, withdraw against your solicitor's advice, or don't co-operate, you may have to pay costs already incurred, including disbursements and, in some circumstances, be liable for your landlord's legal costs.

Question 8

What kind of problems can I make a housing disrepair claim for?

Accepted Answer

Common issues include damp and mould, water leaks or flooding, no heating or hot water, dangerous electrics, pest infestations, cracked walls or broken windows, and damage to belongings caused by disrepair. If you're unsure whether your issue counts, a free assessment will tell you.

Question 9

How long does a housing disrepair claim take?

Accepted Answer

It depends on the complexity of the case and how your landlord responds. Some claims are resolved relatively quickly, but others, particularly those involving health issues, extensive damage or a landlord who disputes the claim, can take a lot longer. We can't guarantee how long your claim will take. Your solicitor will give you an estimate for your case and keep you updated at each stage.

Question 10

What should I do before making a housing disrepair claim?

Accepted Answer

A few simple steps can help your case: report the issue to your landlord in writing if you haven't already; take photos of the problem areas; keep copies of any emails, texts, or letters you've sent or received; and write down how the problem is affecting your daily life, health, or belongings.

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