Compensation guide: how disrepair damages are calculated
A successful housing disrepair claim can secure repairs and money. This guide explains what compensation covers, how courts assess it, and the factors that make an award larger or smaller. Written for tenants considering a claim.
Compensation for living with disrepair is most commonly assessed as a proportion of your rent for the period your landlord knew about the problem and failed to fix it. The worse the conditions and the longer they lasted, the higher the proportion. On top of that, you can claim the value of belongings damaged by the disrepair, out-of-pocket expenses, and, where health has been affected, damages for personal injury.
A claim secures two things
Compensation is only half of what a housing disrepair claim does. The court can order your landlord to carry out the repairs within a set timescale, and award compensation for the period you lived with the problem. The two work together, and for most of our clients the repairs matter as much as the money.
The compensation side of a claim is made up of up to three elements:
Damages for the discomfort, distress and loss of enjoyment of your home, assessed as a proportion of your rent.
The value of furniture, clothing, carpets and electricals ruined by damp, leaks or other defects.
Costs the disrepair forced on you, such as higher heating bills or running a dehumidifier.
1. Compensation for living with the disrepair
This is usually the largest element of an award, and it is the one with a recognised method behind it. Courts generally assess these damages as a proportion of the rent for the period of disrepair. The thinking is simple: you paid for a home in proper repair and received something less, so you should get a proportion of that money back.
Three things drive the figure:
- Severity. The proportion of rent reflects how bad the conditions were. Disrepair confined to one room sits at the lower end; conditions affecting your whole home, or making parts of it unusable, sit much higher. You can also claim where you have been unable to use part or all of your home because of the disrepair.
- Duration. Compensation runs over the period your landlord knew about the problem and failed to act. A problem ignored for three years is worth substantially more than the same problem ignored for three months, which is why your evidence of when you first reported it matters so much. Our evidence guide covers this in detail.
- Your rent. Because the award is assessed as a proportion of rent, the same conditions in a higher-rent property produce a larger award. It makes no difference who pays the rent: if housing benefit or Universal Credit covers it, the calculation works the same way.
Every claim turns on its own facts, so no firm can promise a figure. As a broad guide, our clients’ damages tend to fall in the region of £2,000; some settle for less and others for considerably more, depending on the severity and duration of the disrepair, the rent, and any damage to belongings. Whatever the sum, compensation is only part of the outcome; the claim also secures the repairs your landlord should have carried out, and we stay with you until that work is done.
2. Damaged belongings
Damp, mould and leaks destroy things: clothes, bedding, sofas, carpets, cots, electricals. The claim covers the value of what was ruined. Photographs of the damaged items and receipts help, but a reasonable account of what was lost and roughly what it cost can still support this part of the claim.
3. Out-of-pocket expenses
Disrepair costs money to live with. Common examples include higher energy bills from trying to heat a damp property or drive a broken boiler, the cost of buying and running dehumidifiers, replacing food when a kitchen was unusable, and cleaning or redecoration you paid for yourself. Keep receipts and bills; these losses are recoverable where they flow from the disrepair.
“Tenants often ask us on the first phone call what their claim is worth. The honest answer is that it depends on how long the landlord has known and done nothing, and how badly it has affected you; the evidence of that first report is often worth more than anything else in the file.”
Stephen Lund · Director
What makes an award larger or smaller
Beyond severity, duration and rent, a few factors consistently move awards in one direction or the other:
- Notice. The clock only runs from when your landlord knew. Clear, early, written reports lengthen the compensation period; gaps in the record shorten it.
- The landlord's conduct. Missed appointments, botched repairs and painted-over problems all strengthen a claim. A landlord who genuinely tried to fix the problem promptly weakens one.
- Access. Landlords often argue the tenant refused access for repairs. If you have ever had to turn a contractor away, note when and why. Repeatedly refusing access without good reason can lead to the claim failing.
- Vulnerability. Where young children, elderly or disabled occupants have lived with the conditions, the impact, and often the award, is greater.
Time limits
You generally have six years to bring a housing disrepair claim, running from when the disrepair was first reported to your landlord. A personal injury element carries a three-year limit, and for children that period runs from their eighteenth birthday. These limits have exceptions in both directions, so if you think you may be out of time, ask us rather than assuming.
What claiming costs you
We act on a no win, no fee basis. If the claim does not succeed, and you have kept to your responsibilities under the agreement, you pay us nothing. If it succeeds, we expect to recover our basic fees from your landlord, and a success fee and ATE insurance premium are deducted from your compensation. The full details, including exactly what is deducted and when, are set out on our costs page. Nothing is hidden and nothing is payable up front.
One more thing tenants worry about: your landlord cannot evict you for bringing a disrepair claim.
Compensation questions, answered
Housing benefit pays my rent. Does that reduce my compensation?
No. The rent is used as the measure for calculating compensation, not as money being refunded to whoever paid it. If your rent is covered by housing benefit or Universal Credit, the assessment works in exactly the same way and the compensation is yours.
Will I get the repairs done as well as compensation?
Yes, that is the point of the claim. Securing the repairs is a central part of any settlement or court order, usually with a timescale attached. Compensation covers the period you already lived with the problem; the repairs deal with the future.
Can my landlord evict me for making a claim?
No. Your landlord cannot evict you for bringing a claim for disrepair. Social landlords, meaning councils and housing associations, are also subject to secure and assured tenancy protections that make retaliatory eviction unlawful. If your landlord threatens you over a claim, tell us immediately.
Will my compensation affect my benefits?
It can do, because a compensation payment may count as capital or savings for means-tested benefits depending on the amount and your circumstances. This does not mean you should not claim, but it does mean you should take advice on the position before your settlement is paid. We will flag this with you at the right point in your claim.
Do I have to go to court to get compensation?
Usually not. Most housing disrepair claims settle through the Pre-Action Protocol for Housing Conditions Claims without a hearing. Where court proceedings are needed, the great majority still settle before trial. If your case is one of the few that does reach a hearing, we prepare you fully and are with you throughout.
How long does a claim take?
It depends on the landlord, the complexity of the disrepair and whether court proceedings are needed. Claims that settle under the Pre-Action Protocol resolve faster than those that go to litigation. What we can promise is that we keep you updated at every stage, and that delay by the landlord during the claim can itself increase the compensation period.
Find out what your claim could be worth
Tell us how long you have lived with the problem and when you first reported it. We will assess your case for free and explain your position honestly. We settle thousands of claims each year and are experts in this area.
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