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Disrepair Claim Against Private Landlord vs. Housing Association

Disrepair Claim Against Private Landlord vs. Housing Association

This is the Vintage Claims Management Company. We are a leading claim management company that has been operating in England and Wales for over a decade. Vintage Claims has spread its roots all over the United Kingdom. We have the best housing disrepair solicitors in Manchester, London, and many other prominent cities in England.

Welcome to our blog section. In today’s blog, we will be discussing housing disrepair claims. We will talk about the distinctions between filing claims against two major renters. That is:

  • Private landlord
  • Housing association.

Also, we will go through some frequent questions about the subject at hand today.

Let us begin by bringing concerns relating to housing disrepair into the light.

Housing Disrepair

Renters’ suitability for habitation law forces landlords to furnish habitable living conditions. This regulation addresses a wide range of issues. Such issues as protection against vermin infestations, proper lighting, ventilation, and heating.

Also, it is the owners’ duty that all gas and electrical appliances on their properties are secure and up to code. They are also responsible for repairs necessary to maintain the property’s habitability. The tenant may file a compensation claim if the landlord violates this rule. Yet, landlords may face penalties if the case goes to court.

  • Housing repairs that can be claimed include:
  • Faulty heating
  • Vegetation growth
  • Leaking roof
  • Damp and mould
  • Unsafe flooring and stairs
  • Vermin plumbing and drainage problems
  • Rotting windows
  • Damaged/worn brickwork.

Disrepair Claim Against a Private Landlord

There are many “shady” landlords in the United Kingdom. Such landlords fail to fulfil their legal, social, and moral obligations. These obligations are subject to maintaining safe and sanitary living conditions. Instead, they pay zero attention to the wishes that tenants have expressed.

Being a tenant, you may find yourself in an unstable position due to this negligence. You are bound to pay rent on time to live in a property. A property that is not fit for human habitation.

But you cannot push your landlord to make the required repairs to the property. If you find yourself in a circumstance such as this one, the law may be able to assist you. If the law allows it, one of your options is to file a disrepair claim against the private landlord.

Because of the action taken on your behalf, all your financial losses will be compensated. The judge can issue an order requiring your landlord to make the necessary repairs. This is a request that the landlord is obligated to follow. If he doesn’t, he may suffer further legal ramifications.

Claiming compensation from a housing association

The housing associations are bound to ensure that their property is in a habitable state. Just to ensure that the new renters will not suffer any damage that has to be repaired when they move in.

The housing association needs to take immediate action to resolve the disrepair. They may be held accountable if they do not take any necessary measures. Also, they have to pay large compensation.

Disrepair is an umbrella term that encompasses a variety of predicaments and conditions. Such conditions make it very difficult for a person to live a healthy life. Tenants can file claims for damaged property and related costs.

To start legal action, the tenant has to provide the housing association with the notice. If landlords fail to make necessary repairs to the dwellings, they occupy. After a couple of days of notice, the tenant can legally file a claim.

Private Landlord vs. Housing Association

Tenants of housing associations have the same rights as those of private rentals. If we continue to check both claims based on their rights and characteristics. Eventually, we will find that both tenants are identical in every respect.

You may find several important differences between private rentals and social housing.

The term “private renting” refers to the accommodations inhabited by market renters. Whereas “housing association renting” refers to the accommodations occupied by the council. In housing association renting the housing associations serve as landlords.

Here are some prominent differences between housing associations and private properties.

Private RentalsHousing Associations Rentals
AffordabilityHigher rent pricesLower rent prices
Tenancy durationsShort-duration tenanciesLong-duration tenancies
Credit score checkDo not check credit scoresDemand a good credit score
LocationFlexible locationsNon-flexible locations

Hence, you have total control over this aspect of the situation. This decision is up to your preferences. Whether the flexibility of the location is more essential or the cost.

Frequently Asked Questions

That was all about the housing repairs and the related claim based on the nature of the tenancy. Now let’s look at some basics that usually arise in the mind while seeking a housing disrepair claim.

How much will it cost me to pursue a housing disrepair (HD) claim?

This is the first question that comes to everyone’s mind. You should know that almost every claim management company works on the basic principle of “NO WIN, NO FEE.” It means you don’t have to pay a single penny until you have won your claim and are compensated.

Can I bring a claim for housing disrepair if I am in rent arrears?

You can still file a housing disrepair claim if you have rent arrears. So yes, rent arrears will have zero effect on your case.

Could my landlord evict me?

In case you are taking a step towards claiming against your landlord. The first thing that might come to your mind is, what if your landlord gets offended and kick you out? There is no chance, as your tenancy is completely secured under Section 11 of the housing act. This act will curb the landlord from evicting you as a result of the claim that you submitted against him.

How long after can I claim for housing disrepair?

You can start your claim for housing disrepair compensation up to 6 years after the tenancy. Though, starting it while living in the same property is preferred. It would be easy to manage an independent survey at your home to witness what repairs are needed.


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