What your compensation is based on
When our solicitors value a claim they look at:
- how long the disrepair went on after your landlord knew about it;
- how serious it was and how much of your home it affected;
- the stress, inconvenience and loss of enjoyment it caused;
- whether you had to move out or stop using rooms;
- damage to your furniture, carpets, clothes and other belongings;
- extra costs such as higher heating bills or eating out because the kitchen was unusable;
- any illness or injury caused or made worse by the conditions.
How compensation is calculated
The main part of an award is a percentage of the rent for the affected period. This reflects the fact that you paid for a home that was not fit for purpose. As a rough guide:
- Minor disrepair affecting one room: around 10–25% of rent.
- Significant disrepair, for example damp and mould across several rooms or long periods without reliable heating: around 25–50%.
- Severe disrepair that made the home largely unusable or forced you out: 50% and sometimes more.
It does not matter whether you pay the rent yourself or it is covered by Housing Benefit or Universal Credit: the calculation uses the full rent and the compensation is paid to you.
A worked example
A tenant pays £650 a month, which is £7,800 a year. Her flat had damp and mould in two bedrooms and the living room for three years after she first reported it. The claim is valued at 30% of rent: £2,340 a year, or £7,020 for the three years. On top of that she claims £900 for a ruined mattress, wardrobe and clothing, and £1,500 for the chest infections her son suffered, giving a total of £9,420, plus the repairs being carried out properly at last.
Rough compensation estimate
Move the sliders. This is only an illustration; your actual award depends on the severity, how much of the home was affected and how long it went on.
Estimated compensation (before damaged belongings or health claims)
Building a robust case
Good evidence turns an argument into a settlement. Keep photos and videos, every letter, email, text and repair reference number, receipts for anything you have replaced, and GP or hospital records if your health has suffered. Our independent surveyor's report provides the professional evidence that landlords find hardest to dispute.
Time limits
You can claim for up to six years of disrepair counting back from the start of the claim, and up to three years for personal injury (longer for children). Starting sooner means more of the affected period is included.
Think you have a housing disrepair claim?
Tell us what is wrong with your home and we will check, free of charge, whether you can claim repairs and compensation on a no win, no fee basis.
Frequently asked questions
Is compensation based on my rent even if I get Housing Benefit?
Yes. Compensation is calculated on the rent charged for the property, whoever pays it. If your rent is paid fully or partly by Housing Benefit or Universal Credit you can still claim, and the compensation is paid to you, not to the council.
Can I claim for my damaged belongings?
Yes. Furniture, carpets, clothing, bedding, electrical goods and food ruined by damp, leaks, mould or pests can all be claimed as special damages. Receipts and photos help; where you do not have receipts, a reasonable estimate is normally accepted.
What about my health?
If the conditions caused or worsened illness, for example chest infections, asthma or skin conditions from mould, or stress and anxiety, you can claim for personal injury on top of the rent-based award. Medical records are needed to prove this.
Will rent arrears affect my compensation?
A landlord may ask to offset arrears against your compensation. Any arrears are deducted from the final award, not from the repairs, so you still end up better off, and we will explain how it works for you.
Is housing disrepair compensation taxed?
Compensation for inconvenience, distress and personal injury is not normally treated as taxable income. Any interest element may be. If you receive means-tested benefits, speak to us about how a lump sum could affect them.