Disrepair Claims

How to make a claim against my landlord: property disrepair

Disrepair claims are a contentious issue for both landlords and tenants; landlords have a duty to keep their property in good repair and tenants have a duty to act in a responsible manner when they are renting their properties.

If a landlord fails to adhere to their statutory obligation, then a tenant has the right to claim damages/compensation for this breach. Disrepair claims can be substantial, so it is advised that landlords take advice about what type of disrepair will give rise to a claim being made, and what does not.

Damp in Rental Properties

Most of the disrepair claims we handle are brought by tenants because the landlord will not repair damp in their properties. Damp can often be caused by condensation rather than issues with the actual structure of the property, and condensation is usually caused by a lack of ventilation.

If there is damp in your home, you should report this to your landlord as damp can cause serious respiratory problems. If you believe that you may have damp, and your landlord will not make the necessary repairs, please contact our housing team for further guidance.

The landlord’s obligations are contained in the Housing Act 1985, but the Housing Act 2004 sets out further obligations. Case law is always developing and you need to be aware of new cases when bringing or defending a housing disrepair case in court.

Tenants are often advised to refuse to pay rent until the repairs are made. Tenants can also take out injunctions to force the necessary repairs. They can also make claims for personal injury arising out of any disrepair or any damaged caused to personal belongings.

No Win, No Fee

At Newbolds we are pleased to be able to offer a Conditional Fee Agreement (CFA) commonly known as a 'No Win No Fee' arrangement to our clients regarding claims for disrepair. We are one of only a few firms in England and Wales with a bespoke insurance policy offering peace of mind to clients who wish to consider claiming compensation from their landlord due to disrepair, but are worried about affordability of any legal fees.

If eligible, we can take a disrepair case on a No Win No Fee basis. In the event your claim against your landlord is unsuccessful, you will not have to pay legal fees.

If you think you have a claim against your landlord for disrepair, do not hesitate to contact our specialist housing department. We can discuss your individual case and advise you in a FREE confidential appointment on the prospect of your claim.