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SRA Regulated · [56431] · We act only for tenants info@housingdisrepairnewcastle.com  ·  0191 603 0334
Answers

Housing disrepair claim FAQs.

The questions we are asked most often. Can't find what you need? Call us — we'll answer any question for free, no obligation.

Eligibility

Am I eligible to make a housing disrepair claim?

You are likely eligible if you rent from a council or housing association, there is genuine disrepair in your home, you have reported it, a reasonable time has passed without it being fixed, and you have suffered damage or inconvenience. Take our 5-question test.

Can private tenants claim?

Private tenants have legal rights but limited funding options for a solicitor-led claim. See our private tenant guide.

How long do I have to claim?

Six years for property damage, three years for personal injury. Each new failure to repair is a fresh breach. See time limits.

Can I claim if I have rent arrears?

Yes. Disrepair and rent arrears are separate matters legally. Arrears may be set off against your settlement but they do not stop the claim. See rent arrears.

Can I claim if I have moved out?

Yes. You can claim after ending the tenancy as long as you are within the limitation period.

Compensation

How much compensation can I get?

Most UK housing disrepair settlements fall between £1,000 and £15,000. The figure depends on severity, duration, damage and health impact. See compensation guide.

How is the compensation calculated?

Courts apply the Wallace v Manchester City Council formula — typically 25% to 50% of rent paid during the disrepair period, plus damaged belongings, personal injury, additional bills and general damages.

Will I pay tax on my compensation?

No. Personal injury and distress compensation is not taxable in the UK.

Will it affect my benefits?

A lump sum may affect means-tested benefits if it takes your savings over the threshold. We can advise on protecting your position.

How quickly am I paid?

Usually within 21 to 28 days of the settlement being agreed.

Process

How long does a claim take?

Most settle within 6 to 12 months. Court proceedings (rare) add 6–12 months.

Will I have to go to court?

Almost certainly not. The vast majority of claims settle without a hearing.

What happens at the surveyor's visit?

The surveyor inspects and photographs the disrepair and writes an expert report. It usually takes 1–2 hours and we arrange it at your convenience.

Can I change my mind after signing up?

Yes. You have a 14-day cooling-off period to cancel with no charge.

Evidence

What evidence do I need?

Photos, a record of when you reported the issues, written correspondence, GP records if health is affected, and receipts for losses. See evidence checklist.

What if I don't have written proof I reported the disrepair?

Landlord repair records must be disclosed under the Pre-Action Protocol. Any written records you do have strengthen the case further.

Landlord & retaliation

Can my landlord evict me for claiming?

No. Social landlords cannot lawfully evict you for making a disrepair claim. Private tenants have meaningful protections too. See can I be evicted?.

Will my landlord find out who made the claim?

Yes — a disrepair claim is brought in your name. But the landlord cannot retaliate lawfully.

What if my landlord fixes everything but won't pay compensation?

Repairs being done does not cancel compensation for the period you lived with the disrepair. We pursue compensation separately.

Costs & no win, no fee

Is it really no win, no fee?

Yes. If we lose, you pay us nothing. If we win, we take a success fee (capped at 25% of damages). See no win, no fee explained.

Do I have to pay for the surveyor up front?

No. The surveyor cost is covered by our no win, no fee arrangement.

What if I lose? Could I have to pay the landlord's costs?

This is the genuine risk in any litigation. We arrange After-The-Event insurance that covers you. The premium is only payable if you win and comes out of the compensation.

After the claim

What if the repairs aren't done properly after settlement?

The settlement includes a binding schedule of works. If the landlord fails to do them, we can enforce it through the court.

Can I claim again in the future?

Yes, if new disrepair arises. You cannot re-open the same claim for the same period though.

Still unsure?

Every case is different. The fastest way to get a clear answer is to call us — it's free, you're under no obligation, and we'll tell you honestly whether you have a claim.

Check My Claim Call 0191 603 0334

Don't put up with it any longer.

Free, confidential, no obligation. We'll tell you in plain English whether you have a claim, usually within one working day.

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