HDR claims (housing disrepair claims) are an option open to you if you have reported a problem to your landlord and it has not been resolved. This is a process that housing disrepair solicitors such as Legal HD can help you with.

When we talk to people about HDR claims there is sometimes a lack of understanding about what someone can claim for and in what circumstances they can make a claim. This article is aimed at providing some basic information on the fundamental basis of HDR claims to help establish a better understanding. Housing disrepair can be a stressful and uncomfortable situation to deal with, and our friendly and experienced housing disrepair solicitors are trained not only in the legal aspects of the claims process, but also to be sympathetic and compassionate about the ordeal you have been facing.

Here we will outline 5 essential things you need to know about HDR claims, and this will hopefully help you when you come to make a claim with Legal HD.

1. There are eligibility rules you have to comply with in order to make an HDR claim

To qualify for making a housing disrepair claim ALL of the following must apply to you:

• You are renting your accommodation through either a housing association, social housing or a local authority, and NOT a private landlord.
• You have reported a problem directly to the landlord and which they are directly responsible for.
• You have given the landlord a reasonable period of time to deal with the repair issue.
• The repair issue still has not been resolved, or it was never resolved.

2. The landlord is not liable for damage or repair issues you have caused

The landlord has a duty to provide safe and comfortable accommodation and is liable for damage and repairs that are caused by general wear and tear, or weather damage etc. The landlord is not liable for damage you have caused yourself through negligence or unreasonable behaviour. So you cannot make an HDR claim for damage you are responsible for, and in this case you will have to pay these costs of repair yourself.

3. There are five ways that an HDR claim can compensate and reward you

Although there is no set figure for a housing disrepair compensation, this depends on a number of different factors, you can be rewarded in five ways if your claim is successful:

• The landlord will be ordered to carry out the repair
• You will receive compensation to cover any financial loss you have experienced due to the repair issue
• You will receive compensation to cover damage to any personal belongings caused by the repair issue
• You will receive compensation to cover any health issues resulting from the repair issue
• You will receive compensation to cover any stress and inconvenience of living with the repair issue

4. You need to give the landlord a ‘reasonable period of time’ to resolve the issue

In order for a claim to be valid you must have given the landlord a reasonable amount of time to carry out the repair. If it is just a minor issue this should only take a couple of weeks maximum to resolve. If it is more of a major job, such as roofing work or structural work, it may take longer to arrange a tradesperson and to arrange the funds to pay for it, so you should allow the landlord a little longer before concluding that they are not going to carry out the repair. Judging what a ‘reasonable amount of time’ is in each case is something a housing disrepair solicitor can help you with. In total you have six years to make an HDR claim from the point that you first reported it, but if you have suffered a personal injury as a result of the issue, and you are claiming for this, then you only have three years from the time you first reported it.

5. Check your tenancy agreement before making a claim

As mentioned earlier, your landlord has a duty to provide accommodation that is fit for human habitation, has functioning features and is safe and secure, so any repair issue that comes into this category you can make a claim for and it doesn’t need to be specifically referred to in your tenancy agreement. However, there may be specific items mentioned in the contract that you cannot claim for, and you need to check this before making a claim. Often a tenant will sign a contract without checking these kind of details, but they become relevant when looking to make a claim such as this.

If you think you have a valid claim for housing disrepair compensation, contact Legal HD today and we can help you start a claim and establish a plan to secure suitable compensation.