A common argument we hear from tenants subjected to housing disrepair is that a claim is not worth pursuing, because too much time has elapsed since they first reported an issue. But three recent county court cases have brought into focus an important change in legislation which can help with retrospective claims.
A ruling on 20th March 2020 meant that tenants could claim retrospectively for housing disrepair, according to the Homes (Fitness for Human habitation) Act 2018. This means that you can make a claim for a period from which a disrepair issue was first reported. Compensation ‘could’ be paid for the entire duration of a tenancy period, if it can be proven that the property was unfit for human habitation throughout this period.
Retrospective housing disrepair claims
Now three county court cases heard in recent months have resulted in tenants living in unfit properties being awarded the equivalent of 90-100% of their rent costs in retrospective compensation.
- Dezitter v Hammersmith and Fulham Homes (Central London County Court, 7 November 2023)
Here, the tenant complained about a disrepair issue upon moving into the property in 2010. This included cracks in the walls and ceilings, draughty doors and windows, damp and mould and frequent loss of pressure in the boiler. The disrepair issue was confirmed by a joint expert report and the tenant was awarded £54,664.95 in compensation 13 years later.
- Mason v (1) Olivera and (2) Santana
The tenant had amassed £55,000 in rent arrears, having complained about a disrepair issue since the start of the tenancy. This included water leaks, lack of heating and mould growth in the property. The landlord had claimed for the unpaid rent, but in a counterclaim, the court awarded the tenant £80,387.29 to cover the period in which the property was unfit for human habitation.
- E v The London Borough of Lambeth (Wandsworth County Court, 17 April 2024)
When this tenancy started in 2018, there was a reported issue with external walls, which was causing damp and mould. Eventually this led to a water leak inside the property, which resulted in an electrical blowout and a loss of electricity. The tenant was awarded £33,990.09, which covered 90% of their rent for the period after the water leak, and 30% of the rental cost prior to the water leak.
How Legal HD can help you with a housing disrepair claim
These three cases clearly demonstrate that courts will make awards based on individual circumstances, and will award a high level of compensation where it has been found that a property is unfit for human habitation and this has been previously reported to the landlord. This is based on the criteria spelled out in section 10 of the Landlord and Tenant Act 1985 and can also now include retrospective claims.
If you are a tenant living in social housing, local authority housing or a housing association property, and you have reported a disrepair issue to your landlord which hasn’t been dealt with, you may be able to make a claim for housing disrepair. Contact our team at Legal HD and we can discuss this process with you. We will advise if you can make a retrospective claim and for how long a compensation figure could cover, so contact our team today.
