Get a Fair Deal with Wellers


As a council tenant, you have the right to live in a home that is suitable for your needs. It should be secure, safe to live in, maintained properly, and repaired to a satisfactory standard.

When these basic rights are not met and you have been let down, you may be able to sue the council.

Wellers' Fair Deal service can help you make a claim.
 

First steps in housing disrepair claims

If your house is in disrepair, the first thing you should do is contact your council landlord to explain the problem.

At this point, you should expect the council to put a plan in place to fix your housing disrepair issues and that any repairs made will be of a standard that rectifies the problem.

If this does not happen you may be able to make a claim for compensation, especially if;

  • Your personal property has been damaged
  • Your physical health has been adversely affected
  • Your mental well-being has been affected
  • You have suffered financial loss and inconvenience

What’s the problem?

The most common housing disrepair complaints we hear about involve:

  • Damp and mould
  • Roof leaks
  • Leaking pipes
  • Water ingress from other sources
  • Heating and hot water issues
  • Dangerous building structure
  • Electrical safety hazards
  • Ventilation and double glazing issues
  • Infestation of insects or vermin

If the council fails to fix your housing disrepair issue after you have made a complaint to them about the damage, you may be able to claim compensation.

What’s the solution to housing disrepair?

Ultimately, we want you to be able to live in your home without the worry of housing disrepair and to be financially compensated for any injury and/or loss. If the council fails to make satisfactory repairs in an appropriate time frame you have the right to seek justice.

You can make a claim against the council for housing disrepair up to six years after you first notified the council about the problem. You will need to provide evidence of this date and we can help you with that, especially if you complained over the phone and do not know the specific date. Emails and text complaints are usually easier to trace.

If you are making a personal injury claim against the council for illness or injury caused by housing disrepair, you have three years from the date that you informed the council about the problems or the injuries caused.

If you have been rehoused or have moved out of council accommodation, you can still claim as long as it is within the time bar limits as mentioned above.

How much compensation will you get?

Each housing disrepair claim against the council is different and the amount of compensation that you might be entitled to will depend on a number of factors, including:

  • The severity of the housing disrepair
  • The length of time you endured the housing disrepair
  • The amount of property damage that occurred directly as a result of the poor or unsafe conditions
  • The severity of any illness or injury caused by the housing disrepair
  • The amount of rent you pay
  • Whether or not you are in rent arrears

In most cases the amount of compensation you are awarded will be calculated as a percentage of the rent you paid while your home was in a state of disrepair, plus any compensation for financial loss (damaged property etc.), plus an amount for pain and suffering if applicable.

Get help with Wellers Fair Deal

There are a number of steps (known as a protocol) you must take before we can help you to sue the council for housing disrepair. Firstly, you must have notified the council of your housing disrepair issues and allowed a sufficient amount of time for repairs to be made.

Some social housing disrepair claims can be investigated by the Housing Ombudsman Service and, before you make a civil claim through the court against your council, you will need to have considered undertaking alternative dispute resolution (ADR). The council may have its own complaints and arbitration procedure which you should follow.

Before making a civil claim, you will need to send a formal letter which includes the full details of your complaint and given the council the appropriate time to respond.

The expert housing claim solicitors at Wellers Fair Deal can guide you through the protocol steps and, ultimately, help you make a housing disrepair claim against a council.

Contact Wellers Fair Deal on 020 7481 2422 or email james.manning@wellerslawgroup.com today.