Damp creeping up the walls, a boiler that never works, a leak that has been "logged" five times and still drips: tenants across New Smithy contact us every week with problems their landlord should have fixed long ago. If that sounds familiar, you may be able to make a housing disrepair claim. There is nothing to pay up front and nothing to pay if your claim does not succeed.
Your landlord's repair duties in New Smithy
Under Section 11 of the Landlord and Tenant Act 1985, every landlord in New Smithy must keep the structure and exterior of your home in repair, along with the installations for water, gas, electricity, sanitation, heating and hot water. The Homes (Fitness for Human Habitation) Act 2018 goes further: your home must be fit to live in from the day your tenancy starts and for as long as it lasts. These duties apply to council homes, housing association properties and private rentals in New Smithy alike.
Tenants in New Smithy most often contact us about:
- Guttering problems
- Wall problems
- Plumbing problems
- Bathroom problems
- Electric problems
- Heating problems
- Kitchen problems
- Any other defect that affects your health, safety or use of the home
How a housing disrepair claim works in New Smithy
Making a claim is simpler than most tenants in New Smithy expect, and we handle the difficult parts for you.
- Free claim check. Tell us what is wrong, when you first reported it and who your landlord is. We will tell you honestly whether you have a claim.
- Evidence and inspection. We gather your photos, letters, texts and emails, and arrange for an independent surveyor to inspect your home in New Smithy and prepare a report.
- Letter of claim. Your landlord receives a formal letter of claim and has a set period to respond, carry out repairs and make an offer.
- Repairs and compensation. The repairs are completed to the surveyor's specification and your compensation is paid. If the landlord refuses, court proceedings can be issued on your behalf.
Compensation for tenants in New Smithy
Compensation for housing disrepair is usually worked out as a percentage of the rent you paid while the problems were unresolved, typically between 20% and 50% depending on how serious the disrepair was and how much of your home it affected. It does not matter whether you pay the rent yourself or it is covered by Housing Benefit or Universal Credit.
For example, a tenant in New Smithy paying £900 a month (£10,800 a year) whose claim is valued at 25% would receive around £2,700 for each year of disrepair, or about £5,400 over 2 years, before adding anything for damaged belongings or ill health. Claims can go back up to six years.
Disrepair problems we help New Smithy tenants with
Choose the problem closest to yours for detailed guidance.
Heating disrepair
No heating or hot water, a boiler that keeps breaking down or radiators that never get warm: your landlord must fix it…
Leaks and water damage
Leaks from roofs, pipes, bathrooms or the flat above that your landlord has failed to trace and fix, and the damage…
Damp, mould and wall problems
Damp patches, black mould, crumbling plaster, failed cavity wall insulation or a broken damp-proof course: wall…
Window and door disrepair
Rotten frames, broken glass, windows that will not open or close, failed double glazing, draughts and doors that do not…
Bathroom disrepair
Leaking baths and showers, cracked basins, mould that keeps returning, no hot water, broken extractor fans and…
Guttering disrepair
Blocked, broken or missing gutters and downpipes that pour water down the walls, causing penetrating damp, mould and…
Plumbing disrepair
Burst or leaking pipes, blocked drains, no water pressure, faulty stopcocks and waste pipes that back up into your home.
Structural disrepair
Subsidence, movement, tree root damage, failed lintels, dangerous stairs and balconies and other defects in the…
Cracks in walls and ceilings
Cracked plaster, render and brickwork that your landlord has ignored, from cosmetic cracks that hide damp to cracks…
Roof disrepair
Missing tiles, leaking flat roofs, defective flashing, rotten roof timbers and chimneys letting water in: roof problems…
Kitchen disrepair
Leaking sinks, broken units, dangerous worktops, faulty cooker connections, pests and damp that make the kitchen unsafe…
Toilet disrepair
Blocked, leaking, cracked or constantly running toilets, broken cisterns and soil pipes, and homes left without a…
Pest infestations
Mice, rats, cockroaches, bed bugs, ants and other infestations caused or allowed to continue by defects your landlord…
Ceiling disrepair
Stained, cracked, sagging or collapsed ceilings caused by leaks from roofs, bathrooms or the flat above that your…
Electrical disrepair
Dangerous wiring, tripping fuse boards, broken sockets and lights, no electrical safety certificate and water near…
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Case studies
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Map of New Smithy
Housing disrepair in New Smithy: frequently asked questions
Can I claim for damage to my furniture and belongings?
Yes. Compensation can include the cost of replacing furniture, carpets, clothing, bedding and electrical goods damaged by damp, mould, leaks or pests, and the extra money spent on heating a cold, damp home. Keep receipts and photos wherever you can.
How far back can a housing disrepair claim go?
You can usually claim for up to six years of disrepair, counting back from the date the claim is started. Children have longer: a claim for a child's ill health can be brought up to three years after their 18th birthday.
How long does a housing disrepair claim in New Smithy take?
Many claims settle within six to nine months of the letter of claim. Urgent repairs can often be forced through much sooner, and if your landlord accepts liability early the whole process can be quicker. Cases that go to court take longer, but that is rare.
Does Housing Benefit or Universal Credit affect my claim?
No. Compensation is calculated on the rent charged for the property, whoever pays it. If your rent is paid in full or in part by Housing Benefit or Universal Credit you can still claim, and the compensation is paid to you.
What if my landlord in New Smithy says the damp is my fault?
"Lifestyle" or "condensation" is a common response from landlords, but it is often wrong. Damp caused by leaking pipes, defective roofs, failed damp-proof courses or inadequate ventilation and heating is the landlord's responsibility. A surveyor can identify the real cause, and the Homes (Fitness for Human Habitation) Act makes landlords responsible for homes that are unfit because of damp and mould.