Compensation is usually a share of your rent for the time you lived with the problem. Here is how the percentages work, with examples.
Every tenant asks the same question first, and the honest answer is "it depends", but it depends on things that are easy to understand once explained.
The rent-based award
The main part of compensation reflects the fact that you paid full rent for a home that was not fit for purpose. Courts and landlords value this as a percentage of the rent for the period after the landlord knew about the problem:
- Around 10% to 25% for problems that were inconvenient but left most of the home usable: a leaking gutter causing damp in one room, a slow-draining bath, intermittent heating faults.
- Around 25% to 50% for serious problems affecting several rooms or important facilities: damp and mould through the bedrooms, long spells without heating or hot water, a kitchen you could not use properly.
- 50% and above where the home was largely uninhabitable or you had to move out.
Whether you pay the rent yourself or it is covered by Housing Benefit or Universal Credit makes no difference. The calculation uses the full rent and the money is paid to you.
Worked examples
Example one. Rent £550 a month (£6,600 a year). A leaking roof stained and brought down part of a bedroom ceiling and the room was unusable for 18 months after it was reported. Valued at 30%: £1,980 a year, so about £2,970, plus the cost of a ruined bed and carpet.
Example two. Rent £900 a month (£10,800 a year). No reliable heating for two winters and damp in three rooms, with a child who developed repeated chest infections. Valued at 40% for 2 years: £8,640, plus around £2,000 for the child's illness and £600 for electric heaters and the extra electricity.
Example three. Rent £425 a month (£5,100 a year). Mice getting in through gaps around pipes for 10 months despite repeated reports. Valued at 20%: about £850, plus replaced food and bedding.
What gets added on top
- Special damages: belongings damaged by damp, leaks or pests; extra heating costs; takeaways when the kitchen could not be used; the cost of repairs you paid for yourself.
- Personal injury: illness caused or made worse by the conditions, supported by medical records. Children's claims can be substantial.
- Interest on past losses.
How far back can you go?
Up to six years for the disrepair itself and three years for personal injury (children have until three years after their 18th birthday). The sooner you start, the more of the affected period is inside the limit.
What comes off
A success fee, agreed in advance and capped as a percentage of your compensation, is deducted under the no win, no fee agreement. If you owe rent arrears, the landlord may ask for them to be deducted from the award. Everything else, including legal costs and the surveyor's fee, is recovered from the landlord.
What to do next
Try the quick compensation calculator for a rough idea, then tell us about your home. A proper valuation takes a conversation and a survey, and it is free.
