If you’re a tenant or leaseholder and you find that your landlord is unable to complete repairs they were aware of to your house and property, you may be able to request the court to grant three things including an order requiring your landlord to finish repairs, compensation and legal fees. There are lots of different elements that decide the amount of the compensation you’ll receive in a case, and two cases that are similar before different judges may result in different outcomes. This is a brief guide to the different elements that are considered.
Compensation for pain, suffering and loss of enjoyment’
You’ll receive compensation for “pain, suffering, and loss of enjoyment as a result of the inconvenience and anxiety caused by having living in a house in disrepair, or being forced to move out of your home due to the condition. The calculation is based on the relationship to the rent you pay if you are a tenant, or to the market value of your home in the event that you decide to rent the property as an assured tenant in the event that the leaseholder is. The principle is that you get some of your rent back for the time which you were forced to live with a dismal condition. It doesn’t matter whether someone else pay your rent, for example Housing Benefit.
The amount you are paid will be contingent upon how serious the damage, and consequently your loss. If your home is not habitable, but you’ve lived there for the past year, you will get 100 percent. This is a rare thing. A prize of 100% could be awarded to an apartment that has no heating or hot water. possibly not having electricity or water at all, or even a heavy damp and structural damage that could be extremely risky. It is common that judges award awards between the 25% and 50 percentage range. There isn’t a definitive rule for this that can be determined through comparing cases from the past to yours.
Example
Plumbing leakage in one room for four years in a row.
Rent: £600pcm
Rent value for the entire period of the claim Total cost of rent for the entire period: £28,800
Compensation of 25 percent Compensation at 25%: £7200
Compensation for lost items
If your possessions are damaged because of wear and tear, such as the water damage caused by leaks, or you’ve been subjected to an additional cost, like having to pay more heating bills due to drafty windows, you’ll be compensated for the loss.
It is not common to receive the replacement value for an item, but rather a amount to show that the expected life span of the item was reduced. For example, if a five-year old carpet that cost £1000 was damaged because of a leak and was anticipated to last for at least 15 years. In this case, you may be awarded approximately £650 You have lost two thirds of the expected lifespan of the carpet.
The amount you get will depend on the evidence you’re in a position to show that you owned and lost the items, like receipts and photos. If you do not have proof, that you have lost something, you might be given some thing, but typically less than if you have evidence.
Conclusion
If you suspect that you have a legal claim against your landlord for unsatisfactory service, get in touch with our housing disrepair solicitors. We might be able to consider your case in a no-win-no-fee arrangement.
