Damp creeping up the walls, a boiler that never works, a leak that has been "logged" five times and still drips: tenants across Scalloway 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 Scalloway
Whoever your landlord in Scalloway is, the law is the same. The Landlord and Tenant Act 1985 makes them responsible for the structure and outside of the building and for the pipes, wiring, boiler and sanitary fittings inside it. The Homes (Fitness for Human Habitation) Act 2018 adds a duty to keep the property free from serious hazards such as damp, mould, cold and dangerous electrics. You cannot sign these rights away, and your tenancy agreement cannot remove them.
Tenants in Scalloway most often contact us about:
- Heating problems
- Leaking problems
- Kitchen problems
- Cracks problems
- Electric problems
- Roofing problems
- Pest problems
- Any other defect that affects your health, safety or use of the home
How a housing disrepair claim works in Scalloway
Making a claim is simpler than most tenants in Scalloway expect, and we handle the difficult parts for you.
- Free claim check. Call us or fill in the short form. We ask about the problems, how long they have been going on and what your landlord has done about them.
- Evidence and inspection. An independent expert visits your home, records every defect and sets out exactly what your landlord needs to do to fix it.
- Letter of claim. Your solicitor writes formally to the landlord under the Pre-Action Protocol for Housing Conditions Claims, setting out the repairs required and the compensation claimed.
- Repairs and compensation. You get the repairs done, you get paid, and because the claim is no win, no fee, our costs are recovered from the landlord.
Compensation for tenants in Scalloway
Most awards are based on the rent paid during the period of disrepair. Mild problems in one room might attract around 20% of rent; a home made largely uninhabitable by damp, mould or no heating can attract 50% or more. Damaged furniture, clothing and carpets, and any health effects, are added on top.
For example, a tenant in Scalloway paying £850 a month (£10,200 a year) whose claim is valued at 30% would receive around £3,060 for each year of disrepair, or about £6,120 over 2 years, before adding anything for damaged belongings or ill health. Claims can go back up to six years.
Disrepair problems we help Scalloway 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…
What tenants say
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Case studies
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Map of Scalloway
Housing disrepair in Scalloway: frequently asked questions
Will I be evicted for making a claim in Scalloway?
Secure and assured tenants of councils and housing associations cannot be evicted for making a disrepair claim. Private tenants in England are protected from "retaliatory eviction" where the council has served an improvement notice, and the Renters' Rights reforms have strengthened protection further. We will explain your position before you decide to go ahead.
What evidence do I need for a disrepair claim in Scalloway?
Photos and videos of the problems, dated if possible; copies of letters, emails, texts or online repair requests to your landlord; receipts for damaged belongings or extra heating costs; and GP or hospital records if your health has been affected. Do not worry if you do not have everything. An independent surveyor's report usually becomes the main evidence.
How long does a housing disrepair claim in Scalloway 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.
Will someone need to inspect my home in Scalloway?
Usually yes. An independent surveyor visits at a time that suits you, photographs and measures every defect and writes a report. The visit normally takes an hour or two and the report becomes the backbone of your claim.