Housing Disrepair — No Win No Fee
Housing disrepair claims allow tenants to claim compensation when landlords fail to maintain rental properties in a habitable condition. These claims are commonly handled on a no win no fee basis under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.
What Are Common Housing Disrepair Issues?
Direct Answer: Common housing disrepair issues include damp and mould, leaking roofs, broken heating systems, pest infestations, and structural defects. Under Landlord and Tenant Act 1985 s.11, landlords must maintain the structure and exterior. Housing disrepair claims can be brought on a no win no fee CFA.
- Damp and mould — penetrating damp, rising damp, and condensation leading to mould growth
- Leaking roofs and guttering
- Broken heating systems — boiler failures, radiator leaks
- Plumbing issues — leaking pipes, blocked drains, no hot water
- Electrical faults — dangerous wiring, broken sockets
- Structural defects — cracks, subsidence, unsafe floors or stairs
- Pest infestations — mice, rats, cockroaches
- Broken windows and doors
Legal Framework
The Landlord and Tenant Act 1985, s.11 imposes a covenant on landlords to keep in repair the structure and exterior of the dwelling, installations for water, gas, electricity, and sanitation, and installations for space and water heating. This covenant cannot be contracted out of.
The Homes (Fitness for Human Habitation) Act 2018 amended the 1985 Act to imply a covenant that the dwelling is fit for human habitation at the start of and throughout the tenancy. It covers 29 hazards assessed under the Housing Health and Safety Rating System (HHSRS).
Compensation and Remedies
Courts can award general damages for the inconvenience and discomfort caused by the disrepair, typically calculated as a percentage of the rent (25%–50%) for the period the disrepair persisted after notice. Special damages cover specific losses such as damaged belongings, alternative accommodation costs, and health-related expenses supported by medical evidence. Courts can also order the landlord to carry out specific repairs.