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Frequently asked questions

Your questions, answered.

The 25 questions tenants ask us most about housing disrepair claims. Can’t find your answer? Call us or check your claim online in about a minute.

Can I make a claim?

What is a housing disrepair claim?

It is a legal claim against your landlord for failing to carry out repairs they are responsible for. It aims to get the work done properly and to compensate you for the time you lived with the problem, including any damage to your belongings.

Who can make a housing disrepair claim?

Most tenants who rent their home can, whether they rent from a council, a housing association or a private landlord. The problem must be one your landlord is responsible for, they must have known about it, and they must have failed to fix it within a reasonable time.

What kind of problems are covered?

Common examples are damp and mould, leaking roofs and pipes, broken boilers and heating, no hot water, faulty electrics, broken windows and doors, damaged plaster, and problems with toilets, baths and drains. Pest infestations can be covered when they are caused by disrepair, such as holes or gaps your landlord has not fixed.

Do I need to have reported the problem to my landlord?

Usually, yes. Your landlord is normally only responsible once they know about the problem. If you have not reported it yet, do it now in writing, by email, letter or the landlord's online repair form, and keep a copy. We can still talk you through your options.

Can I still claim if I have moved out?

Often, yes. You may be able to claim for the time you lived with the disrepair, as long as you are within the time limits. Tell us when you moved out and what evidence you still have.

Is there a time limit for making a claim?

Disrepair claims can generally go back up to six years. If someone's health has been affected, the time limit for that part is usually three years. It is best not to wait, because evidence is easier to gather while the problem is still there.

How a claim works

How does the claim process work?

First we check whether you have a claim, through our online claim check or a call. If you do, we send your landlord a formal letter of claim under the court's Pre-Action Protocol for Housing Conditions Claims. Your landlord then has a set time to respond, a surveyor may inspect your home, and we negotiate the repairs and compensation for you.

How long does a claim take?

Every case is different. Some claims settle within a few months, others take longer, especially if the landlord disputes the claim or a lot of work is needed. We keep you updated at every stage.

Will I have to go to court?

Most housing disrepair claims are settled without a court hearing. If your case does go to court, we will prepare you and handle the legal side for you.

Will someone need to inspect my home?

Usually, yes. An independent surveyor normally visits to record the problems and what needs to be done to fix them. The visit is arranged with you in advance.

What evidence do I need?

Helpful evidence includes dated photos and videos of the problems, copies of your repair requests and the landlord's replies, receipts for damaged belongings or extra costs, and any notes from your GP if anyone's health has been affected. Do not worry if you do not have everything. We can help you gather it.

What do I need to do while my claim is going on?

Keep paying your rent, keep reporting any new problems to your landlord in writing, and keep taking photos. Let the surveyor and any contractors in at the times agreed. If anything changes, such as a repair being done or you moving out, let us know.

Costs and No Win, No Fee

Do I really pay nothing upfront?

Yes. We work on a No Win, No Fee basis, so there is nothing to pay at the start or while your claim is running.

What happens if my claim is not successful?

If your claim does not succeed, you do not pay us a fee.

How much will you take if I win?

Before you sign anything, we explain in writing exactly how our fees work and what you would pay if your claim is successful. Part of our costs is usually paid by your landlord. There are no hidden charges.

Is the claim check really free?

Yes. The online claim check and the first call with our team are free and there is no obligation to go ahead.

Compensation

How much compensation could I get?

It depends on how serious the problems were, how long they went on after your landlord knew about them, and how much rent you pay. Our claim check gives you an estimate, and we give you a clearer view once we know more about your case.

How is compensation worked out?

Compensation for living with disrepair is often based on a share of your rent for the period the problems went unfixed, depending on how badly they affected your home. On top of that you can claim for damaged belongings and extra costs you had because of the disrepair.

Can I claim for damaged belongings?

Yes. If furniture, clothes, bedding, carpets or other belongings were damaged because your landlord failed to carry out repairs, their value can be part of your claim. Photos and receipts help.

Can I claim if the damp or mould affected my health?

If the disrepair has affected the health of anyone in your household, that can be looked at as part of your claim. Speak to your GP about any symptoms and keep a record of appointments.

Your landlord and your tenancy

Will my landlord evict me for making a claim?

Making a genuine disrepair claim is not a lawful reason to end your tenancy. Council and housing association tenants usually have strong security, and there are legal protections against so-called revenge evictions. We will explain how this applies to you.

Will the repairs actually get done?

Getting your home properly repaired is one of the main aims of a claim. Repairs are normally part of any agreement with your landlord, and if needed the court can order them.

My landlord says the mould is caused by condensation from my lifestyle. What can I do?

This is very common. Government guidance says landlords should look for the underlying cause, such as poor ventilation, insulation or a leak, rather than simply blaming tenants. A surveyor's inspection can show what is really causing the problem.

Can I stop paying rent until the repairs are done?

We strongly advise against it. Withholding rent can put your tenancy at risk. Keep paying your rent and let us deal with the repairs through a claim.

Should I complain to the Housing Ombudsman instead?

Council and housing association tenants can complain to their landlord and then to the Housing Ombudsman. That is free, but it can take a long time and any payment is usually modest. A disrepair claim is a legal route to repairs and compensation, and you do not have to finish a complaint first. We can tell you which route suits you.

Still have a question? Talk to us.

Book a free call at a time that suits you, or check your claim online now.