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Council housing & housing association disrepair claims

If you rent your property via a council or housing association and are living with housing disrepair you may be able to get repairs completed to your home and also claim compensation. 

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Key points for making an injury claim

The most important things to remember when making a council housing or housing association disrepair claim:

  • Your landlord, whether you rent your property via a council or housing association, is responsible for your safety when it comes to your property.
  • You can make a housing disrepair claim if your landlord has ignored a reported problem.
  • You usually have six years to file a council housing disrepair claim.
  • You usually have three years to file an injury claim if the council housing disrepair has affected your health.
  • You can claim on a no-win, no-fee basis.

What is council housing disrepair?

Council housing disrepair is when your council-owned or housing association-owned property has fallen into disrepair because of negligence from your landlord. This could be because of structural damage, heating failures or water-based problems like damp or mould damage. If you have found yourself in this position — especially if the conditions have manifested an injury or illness — you could be owed compensation.

What are the council’s and housing association’s responsibilities to tenants?

Your council or housing association landlord should adhere to the Landlord and Tenant Act 1985, where it is stated that they must maintain their rental properties. This maintenance includes, but is not limited to:

  • Maintaining and repairing any structures, including walls, foundations and the roof.
  • Ensuring all heating systems work.
  • Preventing and repairing any drainage, sewage or plumbing damage.
  • Ensuring all electrical wiring is working correctly and is safe.
  • Ensuring your windows and doors are safe.
  • Containing and preventing any infestations.

If your council or housing association landlord fails to comply with this legislation, you might be able to claim for housing disrepair compensation.

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Can I claim against my council or housing association for disrepair?

You can make a claim against your council or the housing association if landlords employed by them have been neglecting your property. To begin, you have to first notify your landlord to give them a chance to fix the problem before any legal action is taken. If they still fail to address the problem, you could be entitled to compensation.

Use this handy eligibility checklist to see if you’re eligible to make a claim:

ConditionYesNo
Have you informed your landlord of the problem in your council or housing association property?
Has your landlord failed to fix the problem in a reasonable time?
Can you prove both of the above with evidence? (Photos, records, etc.)

If all answers are yes, you can proceed with your claim.

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How much compensation can I get for making a housing disrepair claim against the council or housing association?

The amount of compensation you should hope for when making a council or housing association disrepair claim depends entirely on a few factors. It depends how severe the problem with your property is, how it is impacting you as a tenant, if it has damaged any of your personal belongings and how inconvenient it has made your everyday life. Compensation will vary depending on these factors. For a good idea of the level of compensation you should expect to receive, use our handy compensation calculator:

Find out how much you could claim

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Compensation amounts are estimated based on the level of injury below

How long is the housing disrepair claim process?

Just like other legal compensation claims, the length of a housing disrepair claim will be different each and every time. A case with less complexity will usually be settled within a few months, whereas cases with multiple claimants, disputing landlords and less evidence can take much longer.

What sort of evidence will I need to make a compensation claim against my council or housing association?

When making a council house or housing association disrepair claim, the greater the quantity of hard evidence you have to back up your case, the faster and more successful you will be. Here’s some of the best evidence you can gather to support your claim:

  • Photographic evidence — Document the problem with the council house or housing association property with clear photos, highlighting any hazards for review. Also, take photographs of any injuries or personal property damage caused because of the problem to record the extent and severity.
  • Medical records — Gather all pertinent medical documents, such as doctor’s notes, X-rays, and other relevant reports that link any injury or illness you’ve suffered to your housing disrepair claim. These documents will be vital to your case.
  • Witness statements — Compile contact information from witnesses and collect their accounts of the problem. Witness statements can significantly assist in your claim.
  • Personal diary — Maintain a diary detailing the impact of the problem on your daily activities. This could include loss of work (if you are home-based), lack of sleep and more.

If you require assistance in gathering or organising evidence for your claim, our experienced solicitors are here to guide you through the entire process.

We understand the financial impact of an accident.

In 99% of cases, we recovered more compensation than the insurer’s first offer. We’ll provide financial security with our interim payments wherever possible, meaning you don’t need to rush into an offer that is lower than you’re legally entitled to.

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What are the time limits for making a housing disrepair claim against the council or housing association?

Normally, the time limit to make a housing disrepair claim against the council or housing association is six years. But, if you have been unfortunate enough to have been injured or have fallen ill because of your property, you’ll only have three years to make a claim as a personal injury.

Do I need to pay rent if I am going to make a housing disrepair claim?

You have to continue paying rent if you want to make a housing disrepair claim of any kind. If you withhold rent to make a point against your landlord, this might negatively affect your case, especially if it goes to court. By following the legal procedures as set out by an experienced solicitor, you can be sure you are adhering to the law and are the right party to win the case.

Why should you choose us?

100% No-Win-No-Fee

Contact us with the comfort of knowing you’ll never be at financial risk when you claim with us. We cover all legal costs, never charge upfront fees, and we only get paid if you

Advanced payments available

We understand how an accident can affect your financial position. We always look to collect an early compensation (interim) payment where possible.

We can take over your case

With legal specialists for every type of accident claim, we can take over your claim at any stage from another solicitors. We take pride in winning cases other firms turn down.

Frequently asked questions

Does the council have to fix damp?

The council or housing association is legally required under the Landlord and Tenant Act 1985 to fix any damp problems your property has, especially if it is making you unwell or unsafe.

Can I claim against my council for mould?

Mould can cause serious health problems if left unchecked — if the council or housing association fails to fix a mould problem in your property, you can legally make a claim against them and receive possible compensation.

How long can the housing association leave you without hot water?

As with private landlords, the council or housing association has no time limit when it comes to leaving their tenants without heating or warm water. However, if they don’t fix the problem within a reasonable timeframe, they will be left vulnerable to housing disrepair compensation claims.

Can I get evicted whilst making my claim?

It is illegal for the council or housing association to evict you if you make a claim against them. However, if you are withholding rent until the problem with your property is fixed, they may evict you on this front, regardless of your claim.

Why choose Express Solicitors?

At Express, we have over 20 years experience in handling legal claims. Our mission is to secure the justice you deserve for any suffering you have experienced, either down to personal injury or a range of other grievances.

With over 20 years of experience, Express Solicitors have successfully assisted many thousands of clients. If you have suffered at the hands of the council or the housing association, we’ll make it our mission to get you compensation.

With our no-win, no-fee agreement — you can feel confident to kick off a housing disrepair claim without stressing over upfront costs or legal fees.

We’re proud of our “Excellent” rating on Trustpilot and our accreditation by the Solicitors Regulation Authority (SRA). It shows just how committed we are to professional integrity and making our clients happy.

So, why wait? Reach out today to kickstart your council house or housing association disrepair claim and see how much you could be entitled to.

Call us on 0161 904 4661

Lines are open now and our legal advisors are on standby to tell you if you can make a claim.

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