This guide explains how a housing disrepair compensation calculator works and will give you a better idea of what you might be owed in housing disrepair claims. Firstly, we’ll look at what a housing disrepair claim actually is. Then we discuss the circumstances that can lead to a housing disrepair claim. As well as the time scales in which landlords are permitted to fix disrepair issues.
Whether you can claim against a private landlord is discussed. We then answer the question ‘Can I be evicted when claiming for disrepair issues?’. The final sections of our guide will detail how a personal injury claim made on a No Win No Fee basis might provide a way for a solicitor to support you through the whole process.
Either continue reading to learn more or you can discuss housing disrepair claims with one of our dedicated advisors now if you wish. Potentially , one of the solicitors on our panel could help you receive compensation for the stress and illness you’ve suffered. Simply:
- Ring us on 0800 408 7826 for personalised guidance on housing disrepair claims.
- Use our online contact form
- Reach us via the discussion portal below.
Choose A Section of Our Guide
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- Housing Disrepair Compensation Calculator
- Can I Make A Housing Disrepair Claim?
- What Can Lead To A Housing Disrepair Claim?
- How Long Do Landlords Have To Fix Disrepair Issues?
- Can I Claim Against A Private Landlord?
- Can I Be Evicted When Claiming For Disrepair Issues?
- Claiming Housing Disrepair Compensation On A No Win No Fee Basis
- Read More About Making A Personal Injury Claim
Housing Disrepair Compensation Calculator
Housing disrepair compensation can be calculated by looking at two areas. The actual health impacts to the tenant (general damages) and the financial costs attached to the disrepair claim (special damages).
General damages are calculated by using medical evidence of the bodily pain and suffering caused by injury or illness, as well as any psychological injuries the tenant experiences. In order to affix a value to general damages, those responsible for working out this part of a claim may also consult documents such as the Judicial College Guidelines (JCG). In this publication, guideline amounts are listed for numerous injuries based on their type and severity.
We have put together an excerpt from the JCG below that focuses on injuries that could be associated with poor housing such as a head injury from falling on broken stairs. Or a hand injury from trying to use broken fittings in a flat:
Compensation Guidelines
| Injury Area | Severity | Award Guidelines | Notes |
|---|---|---|---|
| Multiple forms of harm that attract special damage awards as well. | Severe | Up to £750,000+ | Amounts here include several forms of injury and special damages payments for incurred lost income, medical fees and adaptations to home. |
| Head | (b) Moderately Severe | £267,340 to £344,150 | A very serious disability that entails substantial reliance on others for basic needs. |
| Lung disease | (a) Serious | £122,850 to £165,860 | A serious disability in a young person that looks set to get worse with age causing early death. |
| (d) Breathing difficulties | £38,210 to £66,920 | Breathing problems that require regular use of an inhaler | |
| Knee | (a) Severe (i) | £85,100 to £117,410 | Serious disruption of the joint and ligament damage that takes months of treatment. |
| Hand | (b) Serious damage to both hands | £68,070 to £103,200 | Injuries that create permanent loss of function and cosmetic disability. |
| Arm | Permanent and Substantial Disablement | £47,810 to £73,050 | Significant permanent residual disability from serious fractures to one or both of the forearms. |
| Ankle | Severe | £38,210 to £61,090 | Significant residual disability, such as ankle instability and severely limited ability to walk. |
| Neck | Moderate (i) | £30,500 to £46,970 | Severe immediate symptoms from fractures or dislocations that may need a spinal fusion. |
| Chest Injuries | (e) Residual Damage | £6,500 to £15,370 | Inhalation of toxic fumes or smoke causing residual damage but not serious enough to interfere with lung function on a permanent basis. |
Please note that any actual compensation awarded will vary on a case-by-case basis. These are guidelines only. Also, the first line entry in our table does not come from the Judicial College Guidelines.
The compensation under special damages deals with the directly-related financial harm created by the injuries. So for example, if you missed work because of breathing problems created by dampness and mould in your home, you could include a claim for the loss of earnings incurred.
It is vital that you can prove the financial damage and expense. Documents need to be put forward that show the losses such as:
- Wage slips that indicate a decrease or loss of earnings from illness-related work absence.
- Proof of any medical expenses, such as seeing a private counsellor for anxiety problems.
- Costs and amounts paid to adapt the interior of your home to cope with illness/disability.
- Proof of payment to anyone who provided you with domestic help to cook, clean and wash.
- Prescription charges.
- Proof of travel expenses to crucial appointments.
Importantly, you cannot claim special damages on their own. Any claim for financial loss has to be directly caused by the ill health or injury suffered. Why not consult with our advisors about general and special damages? They can explain any aspect of how a housing disrepair compensation calculator works or value your claim.
Can I Make A Housing Disrepair Claim?
A claim for compensation based on housing disrepair is a legal action against a landlord, local authority or housing association for failing to repair their property. All tenancy agreements set out in general terms who is liable for what type of repair in the property. Also, the Homes (Fitness for Human Habitation) Act 2018 puts a duty on landlords to meet certain standards of habitation in their properties.
Therefore, you need to meet the following criteria to have a legitimate personal injury case against them:
- Be sure that your landlord is actually responsible for the repairs you seek.
- Prove that despite being informed, they failed to take the necessary actions to carry out these repairs.
- Show how this caused you ill health, injury, psychological stress and/or financial harm.
If you satisfy these three points, you could have a valid claim for negligence against your housing provider. Please call or email to discuss any points so far. Or you can ask the discussion portal a question below about using a housing disrepair compensation calculator.
What Can Lead To A Housing Disrepair Claim?
There are a variety of shortcomings in your property that can factor into a compensation calculation if left unrepaired and they cause you harm. For example, landlords are responsible for:
- The maintenance of the exterior of the property.
- Making sure the property is safely connected to electricity and gas supplies.
- Carbon monoxide sensors are installed and regularly tested.
- Emergency issues that might put you at serious risk of ill health are dealt with promptly, such as inhaling dangerous mould spores caused by damp.
- Ensuring that fittings like handrails and bannisters are safe to use and any heights are safeguarded.
- The premises are clean, hygienic and sanitary.
There can be other issues such as anti-social behaviour and unrepaired vandalism that might directly impact your ability to live safely in the property. Importantly, you would always need to be a resident in the property to claim the first place. For precise guidance on your disrepair claim and using a housing disrepair compensation calculator, speak to one of our team on the number above.
How Long Do Landlords Have To Fix Disrepair Issues?
Landlords are permitted a ‘reasonable amount of time’ to address repair concerns in their properties. You might have a legitimate claim against them if you can show that an unacceptable delay took place from the date you reported the repair to when it was fixed. It’s also useful to keep a record of how the issue has worsened because of the length of time taken to correct it.
Can I Claim Against A Private Landlord?
Any housing provider has an obligation to meet standards of repair in the property that is rented to you. This includes private landlords. However, you may have worries about the repercussions of confronting your landlord and we look at that in the next section. Speak to our team for free advice and information on using a housing disrepair compensation calculator.
Can I Be Evicted When Claiming For Disrepair Issues?
Legally, a landlord cannot evict you for raising a repair issue or seeking compensation against them for failure to carry repairs out. Even if you have rent arrears, you are entitled to live somewhere safe for human habitation.
If you feel that you are being pressured or prejudiced against by your landlord for raising a repair issue and that this is worsening your health, speak to our advisors. It may be that there are other factors to your claim that a standard housing disrepair compensation calculator might miss.
Claiming Housing Disrepair Compensation On A No Win No Fee Basis
You might benefit from expert legal help with your housing disrepair claim. Rather than confront a landlord yourself or rely on an inaccurate online housing disrepair compensation calculator, speak to a professional personal injury solicitor first.
With decades of expertise, the solicitors on our panel can confidently handle the whole claims process for you. This includes collecting helpful evidence with you and responding to court requests that come up. Also, they will ensure your claim is calculated in a way that fully reflects both the injury you suffered due to disrepairs in your home and the financial harm those injuries caused.
The solicitors on our panel can offer eligible claimants a type of No Win No Fee contract to launch a claim such as a Conditional Fee Agreement (CFA). This offers a way to start a claim without the worry of initial fees or any solicitor’s costs going forward.
Furthermore, under the terms of a CFA, no solicitor’s fees apply if the claim does not win. However, a successful claim outcome requires a minimal success fee to be paid to the solicitor. This is subject to a legal limit, thereby ensuring that the bulk of the payout always goes to the claimant.
Why not see if a No Win No Fee solicitor from our panel could handle your personal injury claim for harm caused by housing disrepair issues?
- Ring us on 0800 408 7826 for personalised guidance.
- Use our online contact form
- Reach us via the discussion portal below for free initial advice on how a housing disrepair compensation calculator works.
Read More About Making A Personal Injury Claim
This guide focused on how a housing disrepair compensation calculator works. These other guides from our website offer more help:
- Read how much you could claim after personal injury in this guide.
- This guide looks at whether a lung injury calculator can be useful.
- Also, you can access information on multiple injury claims here.
Some external resources:
- Here we look at your rights and responsibilities as a private tenant from GOV.UK
- Advice from housing charity Shelter if you’re facing eviction.
- Also, how to request a repair to a council property you live in.
Thank you for your interest in No Win No Fee personal injury claims. We hope you now have a better understanding of how a housing disrepair compensation calculator works. If you’d like to chat about any other aspect of a housing disrepair calculator, please connect on the contact options above.