Disrepair
Am I entitled to compensation?
Compensation is legally referred to as
"damages". Hopefully, you will be able to reach an
agreement with your landlord. If not then you have the option of
pursuing the matter in court. For details of the courts see
County Court. This can be a protracted process, so
you may wish to check whether you can claim on your contents
insurance.
Contents insurance
It is
always a practical starting point to check whether your home
contents insurance policy covers your loss. It may be preferable to
go this route to avoid the potential aggravation and time delay
involved in fighting your landlord.
Purpose of damages
The purpose of damages is to put the person back into the position
they were before the damage or loss. Damages are not intended for
tenant to make a profit. Damages are only awarded to punish a
landlord in very exceptional cases.
1. What are the different types of Damages?
General Damages - loss of value of
tenancy
General damages reflect the loss of your use
and enjoyment of your home, including inconvenience, distress and
ill health.
It may be that you were without hot water for 3 months or had a
leaking roof for 2 years. You may have suffered bronchitis through
living in damp conditions.
Special Damages - actual expenditure
incurred
Special Damages covers specific losses such
as damage to possessions, furniture, carpets, cleaning costs, extra
heating bills, alternative accommodation, etc.
Exemplary or Aggravated Damages - punitive
In exceptional cases where the landlord has acted so unreasonably,
or recklessly, as to put the tenant's health and safety at risk,
the court may award additional damages as a punishment.
2. What might my Landlords' Defence be?
Not liable
Of course, the best possible defence if true. However, hopefully
you will have already established your landlord's liability before
taking action.
No notification
Your landlord might not
dispute liability but say that he was unaware of the problem. If
you are seeking compensation or damages against your landlord then,
in most cases, you will have to show that you have previously
notified the landlord.
Consequently, it is very important to keep copies of letters, faxes
and emails; to diarise events, telephone and face-to-face
conversations with your landlord or agent.
Partial defence - "mitigating losses"
Your landlord might not dispute liability but argue that he or she
is not liable to pay you compensation, as you did not "mitigate
your losses".
If you have suffered damage as a result of disrepair then you will
have been expected to "mitigate" your losses. In other words you
should have taken any reasonable action to keep your losses to a
minimum. For example, if your roof is leaking water onto your
television then you should move your TV out of the way.
Landlord employs "contractor of repute" and damages
arise from contractors' negligence
Your landlord
might not dispute that you have suffered damage or loss but argue
that he or she is not liable. This might be the case if your
landlord can successfully argue that he or she employed a
contractor of "repute" and that the damages result from the
negligence of that contractor.
For example, a council tenant suffered damage to her flat and
possessions after a workman, sent by the council to mend a
defective flush on the toilet, caused a flood by blocking the
toilet with a telephone directory.
The council successfully defended a claim for damages from the
tenant by arguing that they had taken all the precautions that they
could by instructing a firm of good reputation and that their
tenant should have sued the contractor.
3. How much compensation am I entitled to?
It is difficult to reliably assess the amount of damages, as
there is no set formula. Therefore, you have to compare your
situation with similar cases where a court has made an assessment
of damages in the court. These cases are known as caselaw.
General damages are usually, but not always, related to rent.
For example, let's say that you do not have use of your third
bedroom due to damp for 6 months and you pay rent of £9,000 a year.
A basic calculation of your loss would be to say that the rent per
bedroom is £9,000 a year, divide by 3, equals £3,000 per year. As
you were unable to use one bedroom for half a year, your damages
would be half the yearly amount, namely, £3,000 divide by 2 =
£1,500.
HASKC may be able to give you a rough idea of the value of any
potential claim or, if appropriate, refer you to a solicitor.
4. How long do I have to claim?
Claims in contract - Time Limit 6 years
If you taking action against your landlord for being in breach of
the tenancy agreement, then you must start the action within 6
years of the problem arising. If the incident happened more than 6
years ago, then you cannot take the matter any further.
Claims in negligence - Time Limit 6 years
The same time limit of 6 years applies if the problem arose due to
the landlord's, or landlord's agent's, negligence.
Personal injury - Time Limit 3 years
If your claim involves personal injury then the time limit is 3
years.