How Housing Disrepair Compensation is Assessed
Housing disrepair claims in England can vary significantly in value depending on the nature of the defects, how long the issues have persisted, the impact on the occupants, and the extent of any inconvenience or damage caused. There is no fixed amount for a housing disrepair claim, and each case depends on its individual circumstances.
In general terms, a housing disrepair claim may include compensation for inconvenience, discomfort, damage to belongings, and, in some cases, personal injury where health has been affected. Claims may also involve the landlord carrying out repairs to address the underlying defects.
In follow-up to our previous guide, ‘Why Damp and Mould Claims Are Increasing in England’, our Housing Disrepair team explains, in general terms, the factors that can affect the value of a housing disrepair claim in England and the legal framework behind these types of claims.
What Is a Housing Disrepair Claim?
A housing disrepair claim arises where a landlord has failed to comply with their legal obligations to maintain a residential property.
For most tenancies in England, landlord repairing obligations arise primarily under section 11 of the Landlord and Tenant Act 1985. This requires landlords to keep the structure and exterior of the property in repair, together with installations for heating, hot water, sanitation, electricity, and water supply.
In addition, sections 9A and 10 of the Landlord and Tenant Act 1985, introduced by the Homes (Fitness for Human Habitation) Act 2018, require properties to be fit for human habitation throughout the tenancy.
Read our Housing Disrepair Claims Guide for more information.
What Problems Can Lead to a Housing Disrepair Claim?
Housing disrepair claims commonly involve issues such as:
- damp and mould
- roof leaks and water ingress
- defective heating systems
- plumbing leaks
- structural cracks
- pest infestations linked to defects
- defective windows or doors
- electrical issues
- drainage problems
Some properties experience multiple issues simultaneously, particularly where repairs have been delayed for long periods.
What Factors Affect the Value of a Housing Disrepair Claim?
The value of a claim usually depends on several factors rather than a single issue. Below, we cover some of the key considerations:
1. The Severity of the Disrepair
More serious defects will generally lead to higher levels of compensation.
For example, minor intermittent damp affecting a small area is unlikely to attract the same level of compensation as extensive mould growth affecting multiple rooms over a prolonged period.
Similarly, a complete heating failure during winter is generally viewed more seriously than a short-lived issue resolved quickly.
Courts will often consider how significantly the defects affected the normal use and enjoyment of the property.
2. How Long the Disrepair Problems Lasted
The duration of the disrepair is often a significant factor. Where defects persist for months or years after being reported, compensation may increase to reflect the ongoing inconvenience caused to the occupants.
Long-running issues can also lead to secondary problems developing over time, such as worsening mould, damage to decoration, or deterioration of flooring and furnishings.
3. Whether the Landlord Was Aware of the Problem
In most cases, a landlord’s obligations arise once they have notice of the issue and have had a reasonable opportunity to investigate and carry out repairs.
This means that evidence showing defects were reported can be important in housing disrepair claims.
The court may consider:
- when the issue was first reported
- how frequently it was reported
- whether inspections took place
- whether repairs were attempted
- whether delays were reasonable in the circumstances
Read our guide, What Landlords Must Repair in Council or Social Housing’, for more information.
4. The Impact of the Disrepair on the Occupants
The effect of the disrepair on the people living in the property can also influence the value of a claim.
This may include:
- inability to use parts of the property
- disruption to daily life
- persistent odours or damp conditions
- loss of heating or hot water
- repeated need to move belongings
- sleep disturbance
- stress and inconvenience
Where defects affect essential facilities such as kitchens, bathrooms or bedrooms, this may increase the seriousness of the claim.
5. Damage to Personal Belongings
In some cases, tenants may seek compensation for belongings allegedly damaged by the disrepair.
This can include items such as:
- clothing
- bedding
- furniture
- carpets
- electrical items
For example, prolonged mould growth or water ingress may damage soft furnishings or decoration.
Whether compensation is recoverable will depend on the evidence available and the circumstances of the case.
Read our earlier guide, ‘How to Gather Evidence for a Housing Disrepair Claim’, which covers why evidence matters in housing disrepair claims.
Damp and Mould Housing Disrepair Claims
Damp and mould claims have become increasingly common in England, particularly following the introduction of the Homes (Fitness for Human Habitation) Act 2018 and increased public attention on housing conditions.
The value of these claims can vary considerably depending on:
- the extent of mould growth
- the rooms affected
- the duration of exposure
- the underlying cause
- the impact on occupiers
Issues involving children, vulnerable occupants or extensive contamination may be treated more seriously.
Read our earlier guides, ‘Damp and Mould in Social Housing: Who Is Responsible?’ and ‘Why Winter Makes Housing Disrepair Worse’ for more information.
Does Ill Health Affect the Value of a Housing Disrepair Claim?
Some housing disrepair claims also involve allegations that the defects caused or worsened health conditions.
For example, occupants may allege that prolonged exposure to damp and mould contributed to respiratory symptoms or aggravated existing conditions.
Where health issues form part of a claim, medical evidence may be required. These claims are often more complex because it is necessary to consider questions of causation and medical evidence.
Not every housing disrepair claim includes a personal injury element.
Read our previous guides, ‘How Does Housing Disrepair Affect Your Health and What Can You Do?, and ‘What Makes a Property Unfit for Human Habitation?’, for more information.
How Housing Disrepair Compensation Is Calculated
In England, compensation in housing disrepair claims is commonly assessed by reference to the loss of amenity caused by the defects.
This refers broadly to the reduction in the tenant’s ability to fully use and enjoy the property.
In some cases, courts may assess compensation by considering a percentage of the rent for the period during which the property was affected. The percentage may vary depending on the seriousness of the issues and the extent to which the property was unusable or affected.
For example:
- relatively minor issues affecting limited parts of the property may attract lower percentages
- severe defects affecting substantial parts of the home may attract higher percentages
However, there is no automatic formula, and outcomes vary depending on the facts of each case.
Can You Make a Housing Disrepair Claim Against a Private Landlord?
Yes. Although many claims involve local authorities or housing associations, housing disrepair claims can also arise against private landlords. Read our previous blog, Can Leaseholders Claim Compensation for Disrepair?.
The applicable legal obligations will depend on the tenancy and the circumstances of the case.
However, many reported claims and public discussions surrounding damp and mould relate to social housing because of the scale of housing stock and recent regulatory focus in that sector.
What Happens During a Housing Disrepair Claim?
Housing disrepair claims often involve several stages, including:
- reporting defects to the landlord
- inspections of the property
- obtaining expert evidence where appropriate
- negotiations between the parties
- repair works being carried out
- discussions regarding compensation
Not all claims proceed to court. In many cases, issues are resolved through negotiation or agreement regarding repairs and compensation.
Why Housing Disrepair Claims Have Increased in England
There has been a significant increase in awareness of housing conditions in recent years.
Several factors have contributed to this, including:
- the introduction of the Homes (Fitness for Human Habitation) Act 2018
- increased focus on damp and mould hazards
- wider public awareness following the death of Awaab Ishak
- growing understanding of the potential health impact of mould exposure
- increased regulatory scrutiny of landlords
The legal framework in England now places greater emphasis on the overall condition of residential properties and whether they are suitable for occupation.
Summary: What Affects the Value of a Housing Disrepair Claim?
The value of a housing disrepair claim in England depends on a range of factors, including the seriousness of the defects, how long the issues persisted, the impact on the occupants, and whether belongings or health were affected.
There is no fixed amount that applies to every claim. Some claims involve relatively modest inconvenience, while others concern substantial defects affecting multiple areas of a property over long periods.
As housing standards and awareness continue to evolve, damp, mould, and other housing condition issues remain an important area of residential landlord and tenant law in England.
Housing Disrepair Claims – Frequently Asked Questions
How much compensation can be awarded in a housing disrepair claim?
There is no fixed amount. Compensation depends on the seriousness of the defects, how long they lasted, and the impact on the occupants and the property.
Can tenants claim compensation for damp and mould?
In some circumstances, claims may include compensation relating to damp and mould where the issues arise from defects or conditions for which the landlord is responsible.
Does a landlord need to know about the repairs before a claim can arise?
In most cases, landlords must have notice of the issue and a reasonable opportunity to carry out repairs before liability can arise.
Can compensation include damaged belongings?
Some claims may include alleged damage to belongings such as furniture, clothing or carpets where they were affected by damp, mould or water ingress.
Are housing disrepair claims only for council tenants?
No. Housing disrepair claims can arise in both social housing and private rented accommodation, depending on the legal obligations that apply.
Does every housing disrepair claim involve court proceedings?
No. Many claims are resolved through inspections, repair works and negotiations without a full court hearing.
What is loss of amenity in a housing disrepair claim?
Loss of amenity refers to the reduction in the tenant’s ability to fully use and enjoy the property because of the disrepair.
Can mould make a property unfit for human habitation?
Potentially, yes. Damp and mould are among the factors that may be considered when assessing whether a property is fit for human habitation under sections 9A and 10 of the Landlord and Tenant Act 1985.
Need Help with a Housing Disrepair Issue?
At MJV Solicitors, our housing disrepair team help tenants take action when landlords fail to maintain safe and healthy properties. If you or a loved one’s health is being affected by housing disrepair or a damp and mould issue, contact us today for specialist advice and support.
- Call us on 01253 858231
- Visit our website for more information about how to start your claim for Housing Disrepair
This article is for general information and does not constitute legal advice.
