Housing disrepair issues can cause stress, discomfort, financial loss and health issues for a sitting tenant, and as a result of starting a housing disrepair claim, tenants can expect a compensation award if a specialist housing disrepair claims solicitor considers their claim to be valid. The next question, inevitably, is: “What compensation could I actually receive?” Unfortunately, there is no single answer, as the final award depends on a range of interconnected factors.

However, there are some basic, logical elements to how this is calculated and it is possible to offer tenants some general guidelines on potential compensation awards for housing disrepair compensation.

Housing disrepair compensation is often assessed by reference to a percentage of the rent paid during the period in which the landlord was aware of the disrepair but failed to resolve it. Generally speaking, an award for a moderate issue could range between 25-50% of your monthly rent, and this could rise to 100% if it is deemed the entire property is unfit for human habitation. But this is an extreme example. In this article we will explain what a compensation award covers, what can affect it and what you need to do to improve your chances of a better award.

What does housing disrepair compensation cover?

A compensation award may cover financial losses, damage to personal belongings and the inconvenience or discomfort caused by living with the disrepair. The first two of these are easily quantifiable, while the third is subjective and will differ based on severity, circumstances and the amount of time you have lived with the disrepair.

A more formal basis for assessing a claim amount is to divide the damages into three categories:

• General damages – This covers inconvenience and distress and is where the percentage calculations referenced above come into play.
• Special damages – This covers reimbursement for your quantifiable costs, for example, paying for portable heaters as a temporary measure when a boiler breaks down, or paying for a dehumidifier to combat damp and mould. This would also cover damage to personal belongings directly caused by the disrepair issue.
• Personal injury – This is a separate category of damages which covers personal injury or a health issue directly attributable to the disrepair.

Which factors can affect a compensation award?

Severe disrepair may include major structural damage, long-term loss of heating or utilities, or circumstances where all or part of the property is deemed unfit for habitation.

• Severity

In simple terms, the worse the disrepair issue is, the higher the award percentage will be. This is usually determined by an independent housing condition survey, which identifies the severity and extent of the disrepair, and therefore makes a judgement on how badly it will have affected you, also taking into account any pre-existing health conditions. A minor disrepair, such as small cracks in a wall or light mould in one room, may result in a range of a 10-25% rent award. A more moderate disrepair, such as heavier damp and mould in more than one area or broken heating systems for longer periods during winter, may result in a rent award in the range of 25-50%. A severe disrepair is considered to be major structural damage, long-term loss of heating or utilities, or the entire home is unhabitable. In this extreme case, you could expect the rent award to be between 50-100%. But these figures are all general guidelines, and other factors listed below will also affect these.

• Duration

You can only claim for the period after which you reported the issue to the landlord, and up until it was resolved. The longer the issue remains unresolved after being reported to the landlord, the greater the potential impact on compensation. If you have lived with an issue for 12 months, but only reported it three months ago, you can only claim for those last three months. It is therefore essential that you report a disrepair problem to your landlord immediately upon identifying it.

• Special damages

If you have receipts and can prove financial losses are directly related to the disrepair issue, this can count towards your housing disrepair claim payout.

• Health impacts

The health impact of a disrepair issue can increase a compensation award, if you can prove it. If you are claiming compensation for damp and mould that has caused or worsened a respiratory condition, you will usually need supporting medical evidence. The same applies for an injury caused by a structural or safety issue in the property.

• Tenant conduct

It should be stated in your tenancy agreement what your duties and responsibilities are relating to conduct and maintenance, and this can contribute to the amount of compensation awarded. Compensation may be reduced if it is found that you contributed to the disrepair, delayed reporting the issue or unreasonably prevented access for inspections or repairs.

What evidence is required to support a housing disrepair compensation claim?

This will vary according to the specific disrepair, but generally this should involve:

• Communications – Records of when the disrepair was reported to the landlord and a log/diary of all ongoing communications relating to it.
• Photos and videos – Visual evidence of the disrepair and how it has deteriorated over time.
• Personal impact – Belongings damaged and other costs incurred, including receipts.
• Health impact – Medical records detailing the direct health impact.
• Expert reports – Copies of independent surveys and expert witness reports on the disrepair.

Why is every housing disrepair compensation claim different?

Every housing disrepair compensation claim is assessed on its own facts and circumstances. Factors such as severity, duration, financial losses and health impacts vary from case to case, which is why compensation awards can differ significantly. We have already looked at different factors affecting an award, such as the severity, the financial loss, the health impacts and the duration of the disrepair. These will be unique in every case and therefore it is not possible to create pre-set figures for awards which accurately pre-determine how much loss will have been incurred.

Common misconceptions relating to housing disrepair compensation amounts

There are several misconceptions that people make relating to housing disrepair compensation payouts. These include:

• 100% of rent is paid back – In many successful claims, general damages are assessed at a proportion of the rent paid, although the exact amount depends on the facts of the case.
• Being on benefits means you can’t earn compensation – This is not true. A compensation award is based on the rent amount being paid, and eligibility for compensation is not determined by whether rent is paid directly by the tenant or through benefits support.
• You can only get compensation if you have receipts – There are other ways you can show evidence of loss or damage, such as to possessions, but you can also claim for non-quantifiable impacts, ie. general damages.

Specialist legal support for housing disrepair compensation claims

If you believe your landlord has failed to address a housing disrepair issue, Legal HD can assess your circumstances and advise whether you can start a housing disrepair claim. Where appropriate, we can help you proceed on a no-win, no-fee basis and guide you through each stage of the claims process.