Housing Disrepairs Compensation Calculator

Generally there are two claims for compensation for a housing disrepairs claim that can be used to calculation the total compensation award. The first is the ‘property claim‘ that can include the cost of the repairs, damage to property, and loss of enjoyment of the use of the property. The second element is if the tenant has suffered injury, usually respiratory illness such as asthma, ‘the injury claim.’

The Property Claim

In England and Wales the housing disrepair compensation calculator will take into account the loss of enjoyment by the tenant of the property. The loss of enjoyment claim can be substantial see the case of Engmann v The London Borough of Lambeth (Wandsworth County Court, 17 April 2024), a judge awarded compensation a reduction of 90% of the rent the tenant had paid for the period where the Court considered that a property was unfit for human habitation. Housing disrepair causing all sorts of issues from mould and damp to living in a dangerous property condition can vary significantly based on several factors, including the severity and duration of the disrepair, the impact on your daily life, and any financial losses incurred. Here are some key points to consider:

Severity and Duration of Disrepair: The more severe and prolonged the disrepair, the higher the potential compensation. For example, if the disrepair has made parts of your home uninhabitable or has caused significant inconvenience, this will be taken into account.
Impact on Daily Life: If the disrepair has affected your ability to use your home as intended, such as causing health issues, preventing you from using certain rooms, or leading to stress and anxiety, this will also be considered.
Financial Losses: Any direct financial losses incurred due to the disrepair, such as increased heating costs, damage to personal belongings, or costs of temporary accommodation, can be claimed.
Legal Precedents: Previous cases and settlements can provide a benchmark for compensation amounts. However, each case is unique, and compensation is determined based on the specific circumstances.

In addition, to the loss of enjoyment of the property a tenant can also claim compensation for:

Specific performance for the repairs to be carried out.
Any damage to property of the tenant.
Removal costs if a tenant has to move to another property.
Any loss of earnings or other expenses associated with the housing disrepair.

Therefore in addition to any injury that may occur (see below) a claim for a large return of the proportion of the rent that has been paid can be recovered in compensation for housing disrepair.

The Injury Claim for Housing Disrepair

Any injury will also be added to the Housing Disrepair Calculator such as contracting any respiratory illness such as Asthma due to Mould and Damp within the property.

Exposure to mould and damp in a poorly maintained property can lead to significant respiratory injuries, particularly in vulnerable individuals such as children, the elderly, or those with pre-existing health conditions. When a property suffers from housing disrepair, such as inadequate ventilation, leaks, or improper insulation, it creates an environment where mould can thrive. Prolonged inhalation of mould spores and damp air can exacerbate or cause respiratory conditions like asthma, bronchitis, and other chronic lung diseases. The constant exposure to these harmful conditions can lead to persistent coughing, shortness of breath, wheezing, and a general decline in lung function, severely impacting the quality of life and overall health of the occupants. Such health implications underscore the importance of addressing housing disrepair promptly to prevent long-term harm.

To provide a more accurate estimate, more detailed information about the nature of the disrepair, its impact on your life, and any financial losses would be helpful. If you don’t have this information, that’s okay; you can still seek legal advice to get a more tailored estimate.

1. Mild Asthma

Compensation Range: £5,000 to £10,000
Description: Mild asthma with occasional breathing difficulties, which is largely controlled with medication. Impact on daily activities is limited.

Moderate Asthma

Compensation Range: £10,000 to £25,000
Description: Persistent asthma with more frequent symptoms, requiring regular use of inhalers or other medication. The condition may affect sleep, exercise, and overall quality of life, but the claimant is generally able to lead a relatively normal life with some restrictions.

Severe Asthma

Compensation Range: £25,000 to £45,000
Description: Severe, chronic asthma with frequent and debilitating symptoms. The condition significantly impacts daily activities, employment prospects, and overall quality of life. The claimant may experience regular hospital admissions or require intensive treatment.

Very Severe and Chronic Asthma

Compensation Range: £45,000 to £65,000+
Description: Severe cases with life-threatening exacerbations, frequent hospitalisations, and a profound impact on all aspects of life. The condition may lead to a permanent reduction in life expectancy and substantial disability.

Additional Factors Affecting Compensation

Causation: The claimant must demonstrate a clear link between the exposure to mould or damp and the development or exacerbation of asthma.
Impact on Life: Awards can increase depending on the extent to which the asthma affects the claimant’s daily life, work, and future prospects.
Age and Vulnerability: Younger claimants or those who were particularly vulnerable to respiratory conditions may receive higher awards.

It is important to note that these are general ranges, and each case is assessed on its own merits. For an accurate assessment, it is advisable to consult a legal professional who can provide specific advice based on the facts of the case and the most current guidelines.

Statutory Sources That Govern Housing Disrepair Compensation

Certainly, there are several cases that provide guidance on compensation for loss of enjoyment due to housing disrepair. Here are a few notable ones:

Wallace v Manchester City Council [1998]: In this case, the court awarded compensation for the tenant’s loss of enjoyment of their home due to severe damp and mould. The court considered the impact on the tenant’s health and daily life.
Calabar Properties Ltd v Stitcher [1984] 1 WLR 287: This case established that tenants are entitled to compensation for inconvenience and discomfort caused by disrepair. The court emphasised that the compensation should reflect the tenant’s loss of enjoyment of the property.
Earle v Charalambous [2006] EWCA Civ 1090: In this case, the court awarded compensation for the tenant’s loss of enjoyment due to persistent leaks and dampness. The court considered the duration and severity of the disrepair and its impact on the tenant’s quality of life.
Quick v Taff-Ely Borough Council [1986] QB 809: This case highlighted that tenants could claim compensation for distress and inconvenience caused by disrepair. The court considered the tenant’s suffering and the extent to which the disrepair affected their use of the property.

These cases illustrate that compensation for loss of enjoyment is assessed based on the specific circumstances of each case, including the severity and duration of the disrepair and its impact on the tenant’s daily life.

Links to Relevant Case Law:

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