How housing disrepair compensation is worked out
Written by The RemedyBridge editorial team · How we write
Quick answer
Housing disrepair compensation is normally made up of two things: general damages for the discomfort, inconvenience and loss of enjoyment of your home, and special damages for money you actually lost or spent. Severity, duration, how much of the home was affected and how the landlord responded all matter. No one can value a claim from a web page — only a solicitor who has reviewed your evidence can advise on value.
Key points
- Compensation is usually split into general damages (the effect on living in your home) and special damages (actual financial losses).
- General damages are commonly assessed by reference to how bad the problem was, how much of the home it affected, for how long, and in relation to the rent paid.
- Special damages need proof — receipts, photographs of damaged items, bills and statements.
- The landlord’s failure must be linked to the loss you are claiming for; causation and evidence do most of the work.
- Getting the repairs actually done is usually the primary remedy, alongside any compensation.
- RemedyBridge does not value claims and never promises an amount or an outcome.
The two heads of loss
When a housing disrepair case is assessed, compensation is normally considered under two broad headings. Lawyers call them general damages and special damages. They answer different questions, they are proved in different ways, and a case can involve one, the other, or both.
General damages
General damages are meant to reflect what the disrepair was actually like to live with: the discomfort, the inconvenience, the disturbance to normal family life, and the loss of enjoyment of a home you are paying to occupy. This is not a financial loss you can produce a receipt for, so it is assessed as a judgement about the seriousness of the interference.
Special damages
Special damages are the specific, quantifiable amounts you lost or had to spend because of the disrepair. Unlike general damages, they are proved item by item, with documents wherever possible.
How general damages are approached
There is no fixed tariff for disrepair. Instead, the assessment looks at the practical reality of living in the property while the problem went unrepaired, and asks how much of what you were paying for you were actually getting.
The usual reference points
- How serious the disrepair was — a minor, cosmetic defect and a home you cannot heat, dry or sleep in properly are not treated the same way.
- How much of the home was affected — one small area, several rooms, or the whole property.
- Whether affected rooms could still be used normally, or had to be abandoned, emptied or used for storage.
- How long the disrepair continued after the landlord knew about it, and whether it recurred after a supposed repair.
- The season and conditions — a heating failure in winter affects a household differently from the same failure in summer.
Why rent is often part of the discussion
The rent you pay is commonly used as a reference point, because it represents what you were paying for the home you were promised. The broad idea is that if you did not receive the full benefit of what you paid for, that shortfall is part of what compensation recognises. That is a way of framing the assessment, not a formula, and it is only one of several considerations.
Special damages: the financial losses
Special damages cover money the disrepair actually cost you. Each item has to be connected to the landlord’s failure and, ideally, supported by a document. Common categories include the following.
Damaged belongings
- Furniture, beds and mattresses damaged by damp, mould or water ingress.
- Carpets, rugs and flooring that had to be cleaned, treated or replaced.
- Clothing, bedding, curtains and soft furnishings ruined by mould or damp.
- Electrical items damaged by leaks, water ingress or faulty wiring.
- Personal items such as books, photographs, toys and documents.
Increased running costs
- Higher heating costs where a home could not be heated efficiently, or where you had to run heating harder to control damp.
- Higher electricity costs from portable heaters, dehumidifiers or immersion heaters used because a boiler was broken.
- Extra laundry, drying or cleaning costs caused by damp, mould or the inability to dry washing at home.
Other out-of-pocket expenses
- Medical or care expenses connected to the conditions, such as prescription charges or additional care needs.
- The cost of alternative accommodation where the home genuinely could not be occupied and you had to stay elsewhere.
- Cleaning or specialist treatment you paid for yourself because the landlord did not act.
- Reasonable travel or storage costs directly caused by the disrepair or by works.
Whether any of these apply, and to what extent, depends entirely on the facts. Some items may be reduced to reflect the age and condition of the property before it was damaged, because compensation aims to put you back in the position you would have been in, not to leave you better off.
The factors that increase or reduce an award
Two households can report the same defect and end up with very different assessments. The difference usually comes from the factors below.
Factors that tend to increase an assessment
- Greater severity — extensive mould, persistent leaks, no heating or hot water at all, unsafe electrics, or sewage and drainage problems.
- Longer duration, particularly where the problem persisted for months or across more than one winter.
- More of the home affected, especially bedrooms, kitchens, bathrooms or the only living space.
- The home being unfit to live in, or rooms being genuinely uninhabitable.
- A demonstrable effect on health, or aggravation of an existing condition such as asthma or another respiratory illness.
- The presence of children, older people, disabled people or anyone else particularly vulnerable to cold, damp or mould.
- Early and repeated reporting that the landlord ignored, or repairs that were done badly and failed again.
- A poor response to a formal complaint, missed appointments, or a landlord who denied there was a problem.
Factors that tend to reduce an assessment
- A short-lived problem, or one that was put right promptly once reported.
- A limited area affected, with the rest of the home usable as normal.
- Late reporting — a landlord is generally only responsible from the point they knew or ought to have known about the defect.
- Refusing or repeatedly failing to give access for inspections or works, which can cut off part of the period claimed.
- A prompt and reasonable landlord response, including temporary measures while a permanent repair was arranged.
- Damage caused wholly or partly by how the property was used rather than by a defect in the building.
- Losses that cannot be evidenced, or that would have happened anyway.
Causation: linking the failure to the loss
Compensation is not paid simply because a home is in poor condition. There has to be a link between something the landlord was legally responsible for, a failure to put it right within a reasonable time of being told, and the loss or effect being claimed.
The questions that get asked
- Is this a defect the landlord is responsible for repairing under the tenancy or under statute?
- Did the landlord know, or ought they to have known, about it — and from when?
- Was a reasonable time allowed for the repair, judged against how serious the problem was?
- Did the failure cause the discomfort, inconvenience or financial loss now being claimed?
- Can each element be evidenced, or is it only asserted?
Why proof does the heavy lifting
Causation is where many claims are strongest or weakest. Damp caused by a failed damp-proof course, a defective roof or a long-running leak is a repair issue. Condensation with no underlying building defect may be argued differently, and the cause is often disputed. This is one reason an independent inspection is frequently arranged in a claim: it addresses cause, not just appearance.
For health effects, a link between the conditions and the symptoms usually has to be supported by medical records or expert evidence rather than assumed. For damaged belongings, photographs of the item in place, alongside proof of what it cost or what it was, are far more persuasive than a list written from memory.
Repairs first: compensation is not the only remedy
It is easy to focus on compensation, but in most disrepair cases the more important outcome is that the work actually gets done. A claim can seek an order that the landlord carries out the repairs, as well as damages for the period you had to live with the problem.
Why the repairs usually matter more
- Compensation looks backwards; repairs fix the conditions you and your household are living in now.
- If the defect is not remedied, damage to your belongings and the effect on your household simply continues.
- A settlement that includes a clear schedule of works gives you something concrete to hold the landlord to.
Free routes can also get repairs done without a claim. Your landlord’s formal complaints procedure, the Housing Ombudsman for social landlords, and your council’s environmental health team all have roles here. These routes are not primarily about compensation, but they can be quicker and they cost nothing.
What the Ombudsman actually orders is a matter of public record. Our Housing Disrepair Index sets out every award in 21 published decisions — who awarded it, whether it was ordered or merely offered by the landlord, and what it was for — with a link to each decision. It is **not** a guide to what a claim is worth. The Ombudsman’s remit is not a court’s, the awards are not comparable with one another, and no total should be drawn from them. What it does show is the kind of failing that attracts a remedy, in the Ombudsman’s own words.
Why RemedyBridge does not value claims
RemedyBridge is not a law firm and does not give legal advice. We do not value claims, and we will never tell you what your case is worth — because nobody can do that honestly from a web page, a form or a phone call that has not examined the evidence.
What a reliable valuation actually requires
- A review of your tenancy and of who is responsible for the defect.
- The full history of what was reported, when, and how the landlord responded.
- Evidence of the extent and duration of the disrepair, often including an independent inspection.
- Proof of each financial loss being claimed.
- A professional judgement on liability and causation, made by someone qualified to give legal advice.
What we do instead
- A free online assessment that helps you set out your situation clearly.
- A human review of your enquiry by our team.
- Only with your permission, an introduction to an independent solicitor who can advise you properly, including on value.
Rent arrears and time limits
If you owe rent
Having rent arrears does not automatically prevent a disrepair claim, but it does change the picture: any compensation may be set against what you owe rather than paid to you, and a landlord may respond with its own claim for the arrears. This needs proper advice before you act. We cover it separately on our page about making a housing disrepair claim when you have rent arrears.
How long you have
Legal claims are subject to time limits, and disrepair claims are no exception. The limits differ depending on the type of loss claimed and on the facts, and delay can also make evidence harder to gather. Making an enquiry does not stop any time limit running. See our page on time limits for housing disrepair claims for more.
England and Wales: the law behind the claim
The legal duties that a compensation claim is built on are broadly similar across England and Wales, but the statutes differ.
England
- Section 11 of the Landlord and Tenant Act 1985 requires landlords of most shorter tenancies to keep the structure and exterior in repair, along with installations for water, gas, electricity, sanitation, heating and hot water.
- The Homes (Fitness for Human Habitation) Act 2018 allows tenants to take action where a home is not fit to live in, which can include serious damp and mould.
Wales
- The Renting Homes (Wales) Act 2016 sets out the landlord’s repairing obligations and the requirement that a dwelling is fit for human habitation, with its own procedures and terminology for occupation contracts.
- Complaint and escalation routes differ in Wales, so advice should be from someone familiar with the Welsh framework.
The heads of loss and the assessment factors described on this page apply in both nations. What differs is the legal route used to establish that the landlord was in breach.
What to do next
- Write a simple timeline of the disrepair: when it started, when you reported it, what the landlord said, and what was or was not done.
- Photograph every affected room and every damaged item, with dates, before anything is repaired or thrown away.
- Gather proof of financial losses — receipts, bank or card statements, and energy bills covering the affected period.
- Report anything you have only mentioned verbally in writing, so there is a record of it.
- Use your landlord’s formal complaints procedure, and consider the Housing Ombudsman or your council’s environmental health team.
- If you want a legal view, use our free assessment; with your permission we can introduce you to an independent solicitor who can advise on merits and value.
Evidence to keep
- Dated photographs and short videos of each affected area, including wide shots and close-ups.
- Every report you made — emails, texts, letters, repair portal entries — with reference or job numbers.
- The landlord’s replies, inspection reports, works schedules and appointment letters.
- A record of appointments offered, kept, missed or cancelled, on both sides.
- Photographs of damaged belongings in place, plus receipts, order confirmations or proof of what they were.
- Energy bills or statements covering the affected period and, if you have them, comparable earlier ones.
- Receipts for anything you paid for yourself — cleaning, dehumidifiers, laundry, temporary accommodation.
- GP or hospital records if you say the conditions affected your health, and notes of dates symptoms appeared.
- Your tenancy agreement or occupation contract and rent statements.
Important limitations
- RemedyBridge is not a law firm and does not provide legal advice or represent you.
- We do not value claims, and this page deliberately gives no figures, ranges or calculators.
- Nothing here is a prediction about your case; every case turns on its own facts and evidence.
- We never guarantee compensation, acceptance of an enquiry, or any outcome.
- Making an enquiry does not start court proceedings and does not stop any legal time limit running.
- This page describes the position in England and Wales only.
You may not need us — free routes first
You can often resolve repairs for free. Depending on your situation you may be able to:
- report repairs to your landlord in writing and keep a dated copy;
- use your landlord’s formal complaints process;
- take dated photos and keep a record of what you reported and when;
- give your landlord a reasonable chance to put things right.
Frequently asked questions
- How much will I get?
- We cannot tell you, and neither can any web page. Compensation depends on how serious the disrepair was, how long it lasted, how much of your home it affected, the effect on your household, what you can prove you lost, and how the landlord responded. Only a solicitor who has reviewed your evidence can advise on value, and even then it is an assessment rather than a promise.
- Why will nobody give me a figure up front?
- Because any figure given before the evidence is reviewed would be a guess presented as advice. It could raise your expectations unfairly or make you settle for less than a case is worth. A responsible service explains how assessment works and then puts you in touch with someone qualified to advise.
- Is compensation based on my rent?
- Rent is often used as a reference point when assessing the discomfort and loss of enjoyment of a home, because it reflects what you were paying for. It is not a formula, and it is only one factor alongside severity, duration, how much of the home was affected and the effect on your household.
- Can I claim for furniture, carpets and clothing ruined by damp?
- Damaged belongings can form part of a claim as special damages, provided you can link the damage to the disrepair and evidence the items. Photographs of the items in place and any receipts or proof of purchase help considerably. Awards for used items usually reflect their age and condition rather than the cost of buying new.
- What about higher heating and electricity bills?
- Increased running costs can be claimed where they were caused by the disrepair — for example running portable heaters because the boiler failed, or a dehumidifier because of damp. You will need bills or statements covering the period, and ideally earlier bills for comparison, so the increase can be shown rather than asserted.
- Does it matter that I have rent arrears?
- Arrears do not automatically stop a claim, but they affect how any compensation is handled — it may be set against what you owe rather than paid to you, and the landlord may raise the arrears in response. Get advice before doing anything, and see our page on claiming when you have rent arrears.
- The landlord says I did not let them in. Does that hurt my claim?
- It can. A landlord is generally only responsible for the period during which they knew about the problem and had a fair chance to fix it. If access was refused or appointments were repeatedly missed, part of that period may be discounted. If access was difficult for a genuine reason, or the appointments were never actually offered, say so and keep the records that show it.
- Do I still need compensation if the repairs get done?
- Getting the repairs done is usually the more important outcome, and free routes such as the complaints procedure, the Housing Ombudsman or environmental health can achieve that without a claim. Compensation addresses the separate question of what you went through, and what you lost, while the problem went unrepaired.
Sources
- Landlord and Tenant Act 1985, section 11 (legislation.gov.uk)
- Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
- Renting Homes (Wales) Act 2016 (legislation.gov.uk)
- Pre-Action Protocol for Housing Conditions Claims (England) — justice.gov.uk
- Repairs in rented housing — Citizens Advice
- Housing Ombudsman Service
- Repairs and bad conditions — Shelter England
RemedyBridge provides a free initial check for housing disrepair problems in England & Wales. The result is a guide only and never tells you that you definitely have a claim. Checking your situation is free.
