There is no fixed tariff for housing disrepair compensation. Every award depends on the facts. But the courts follow a consistent approach, and understanding it will help you judge any offer you receive.
The four parts of a claim
1. Loss of comfort and use of your home
This is normally the largest part. It compensates you for the discomfort, inconvenience and distress of living in a home that was not in the condition you were paying for. It is usually calculated as a percentage of the rent for the period of the landlord's breach. A single mouldy room might justify a modest percentage. A flat with no heating through winter, water coming through the ceilings and several unusable rooms justifies a much higher one.
2. Damaged belongings
You can claim the value of furniture, carpets, clothes, bedding and other possessions ruined by the disrepair. The court awards the value of the item at the time it was damaged, not the cost of buying it new, so photographs and a realistic list are important.
3. Extra costs
These are expenses you would not have had if the landlord had done the repairs: higher electricity bills from running heaters or dehumidifiers, takeaway food while the kitchen was unusable, launderette costs, cleaning materials, or the cost of staying elsewhere. Keep receipts where you can.
4. Injury to health
If the conditions caused an illness or made an existing one worse, for example asthma aggravated by mould, you can claim for that as a personal injury. It needs medical evidence and is valued using the Judicial College Guidelines that courts apply to all injury claims. The time limit for this part is three years.
What period counts
Compensation runs from the point the landlord should have completed the repair, which is a reasonable time after they first knew about it, until the works are done or the claim is settled. You can go back up to six years. This is why the date of your first report, and proof of it, has such an effect on the value of a claim.
What increases an award
- A long period of disrepair
- More rooms affected, or loss of essentials like heating, hot water or a toilet
- Children, older people or people with health conditions in the household
- Repeated reports that were ignored, or repairs that kept failing
- Good evidence: dated photos, written reports, medical records
What reduces it
- Delay in reporting the problem
- Refusing access for inspections or repairs
- Damage you contributed to
- Rent arrears, which the landlord can ask to set off against the damages
- The success fee under a no win no fee agreement
Get an idea of your figure
Try the housing disrepair compensation calculator for an illustration based on your rent. For a view based on your own evidence, ask for a free claim assessment.
Be wary of anyone who quotes a guaranteed sum before seeing your evidence. An honest valuation needs the surveyor's report and your repair history.
Questions tenants ask
Is there a minimum or maximum amount?
No. Small claims may be worth a few hundred pounds. Long-running, serious cases can be worth many thousands. The rent, the length of time and the severity decide it.
Will I get compensation as well as the repairs?
Yes. The two go together. A settlement normally includes a schedule of works with completion dates and a sum of money.
How is compensation paid?
Usually as a single payment after settlement or judgment. If you owe rent, some or all of it may be credited to your rent account instead.
Do I pay tax on it?
Compensation for disrepair and personal injury is not normally taxable, but it can affect means-tested benefits. Take advice if that applies to you.
