Damp creeping up the walls, a boiler that never works, a leak that has been "logged" five times and still drips: tenants across Swaile's Green contact us every week with problems their landlord should have fixed long ago. If that sounds familiar, you may be able to make a housing disrepair claim. There is nothing to pay up front and nothing to pay if your claim does not succeed.
Your landlord's repair duties in Swaile's Green
Tenants in Swaile's Green sometimes assume that because a repair has been "reported" they have done all they can. In fact, once a landlord knows about a problem they have a legal duty, under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, to put it right within a reasonable time. What counts as reasonable depends on the problem: a dangerous electrical fault or total loss of heating in winter should be dealt with in days, not months.
The most common problems we see in Swaile's Green homes include:
- Roofing problems
- Cracks problems
- Heating problems
- Guttering problems
- Kitchen problems
- Structural problems
- Ceiling problems
- Any other defect that affects your health, safety or use of the home
How a housing disrepair claim works in Swaile's Green
We have kept the process as straightforward as possible for tenants in Swaile's Green:
- Free claim check. Call us or fill in the short form. We ask about the problems, how long they have been going on and what your landlord has done about them.
- Evidence and inspection. We gather your photos, letters, texts and emails, and arrange for an independent surveyor to inspect your home in Swaile's Green and prepare a report.
- Letter of claim. Your solicitor writes formally to the landlord under the Pre-Action Protocol for Housing Conditions Claims, setting out the repairs required and the compensation claimed.
- Repairs and compensation. The repairs are completed to the surveyor's specification and your compensation is paid. If the landlord refuses, court proceedings can be issued on your behalf.
Compensation for tenants in Swaile's Green
Compensation for housing disrepair is usually worked out as a percentage of the rent you paid while the problems were unresolved, typically between 20% and 50% depending on how serious the disrepair was and how much of your home it affected. It does not matter whether you pay the rent yourself or it is covered by Housing Benefit or Universal Credit.
For example, a tenant in Swaile's Green paying £600 a month (£7,200 a year) whose claim is valued at 25% would receive around £1,800 for each year of disrepair, or about £1,800 over 1 year, before adding anything for damaged belongings or ill health. Claims can go back up to six years.
Disrepair problems we help Swaile's Green tenants with
Choose the problem closest to yours for detailed guidance.
Heating disrepair
No heating or hot water, a boiler that keeps breaking down or radiators that never get warm: your landlord must fix it…
Leaks and water damage
Leaks from roofs, pipes, bathrooms or the flat above that your landlord has failed to trace and fix, and the damage…
Damp, mould and wall problems
Damp patches, black mould, crumbling plaster, failed cavity wall insulation or a broken damp-proof course: wall…
Window and door disrepair
Rotten frames, broken glass, windows that will not open or close, failed double glazing, draughts and doors that do not…
Bathroom disrepair
Leaking baths and showers, cracked basins, mould that keeps returning, no hot water, broken extractor fans and…
Guttering disrepair
Blocked, broken or missing gutters and downpipes that pour water down the walls, causing penetrating damp, mould and…
Plumbing disrepair
Burst or leaking pipes, blocked drains, no water pressure, faulty stopcocks and waste pipes that back up into your home.
Structural disrepair
Subsidence, movement, tree root damage, failed lintels, dangerous stairs and balconies and other defects in the…
Cracks in walls and ceilings
Cracked plaster, render and brickwork that your landlord has ignored, from cosmetic cracks that hide damp to cracks…
Roof disrepair
Missing tiles, leaking flat roofs, defective flashing, rotten roof timbers and chimneys letting water in: roof problems…
Kitchen disrepair
Leaking sinks, broken units, dangerous worktops, faulty cooker connections, pests and damp that make the kitchen unsafe…
Toilet disrepair
Blocked, leaking, cracked or constantly running toilets, broken cisterns and soil pipes, and homes left without a…
Pest infestations
Mice, rats, cockroaches, bed bugs, ants and other infestations caused or allowed to continue by defects your landlord…
Ceiling disrepair
Stained, cracked, sagging or collapsed ceilings caused by leaks from roofs, bathrooms or the flat above that your…
Electrical disrepair
Dangerous wiring, tripping fuse boards, broken sockets and lights, no electrical safety certificate and water near…
What tenants say
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Case studies
Case studies describing real claims (with the tenant's permission and details anonymised) will be published here.
Map of Swaile's Green
Housing disrepair in Swaile's Green: frequently asked questions
What evidence do I need for a disrepair claim in Swaile's Green?
Photos and videos of the problems, dated if possible; copies of letters, emails, texts or online repair requests to your landlord; receipts for damaged belongings or extra heating costs; and GP or hospital records if your health has been affected. Do not worry if you do not have everything. An independent surveyor's report usually becomes the main evidence.
How far back can a housing disrepair claim go?
You can usually claim for up to six years of disrepair, counting back from the date the claim is started. Children have longer: a claim for a child's ill health can be brought up to three years after their 18th birthday.
Do I have to pay anything?
No. We work on a no win, no fee basis. There is nothing to pay up front, and if the claim is unsuccessful you pay nothing. If the claim succeeds, legal costs are recovered from your landlord and an agreed success fee is deducted from your compensation, which we explain clearly before you sign anything.
What repairs is my landlord responsible for in Swaile's Green?
The structure and exterior of the building (roof, walls, windows, doors, gutters and drains), the installations for water, gas and electricity, sanitary fittings such as baths, toilets and sinks, and the heating and hot water system. They must also keep the home free from hazards such as damp, mould, pests and dangerous electrics.
Can I make a housing disrepair claim against the council in Swaile's Green?
Yes. Local councils and housing associations are landlords like any other and have exactly the same repairing duties under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018. Many of the claims we deal with for tenants in Swaile's Green are against social landlords.