Debt advisers: recognising and referring housing disrepair cases

If you work as a debt adviser, you will often encounter clients whose financial difficulties are connected to poor housing. Below, we walk through how to spot housing disrepair situations, what clients may be entitled to, and how to refer them effectively.

The link between debt and housing disrepair

Clients with rent arrears or financial hardship may also be living in disrepair that is making their situation worse. Common patterns include:

• Health costs rising due to damp and mould, increased prescription costs, time off work, or medical appointments linked to respiratory conditions caused by poor housing
• High energy bills caused by a cold home with inadequate insulation, broken heating, or draughty windows that the landlord should have fixed
• Belongings damaged by disrepair, furniture, clothing, or electronics ruined by leaks or damp, creating unexpected replacement costs
• Stress and mental health, the psychological burden of living in poor conditions can affect work performance and financial decision-making

In many of these cases, your client may have a housing disrepair claim that could result in both compensation and repairs, reducing the underlying causes of their financial difficulty.

What is a housing disrepair claim?

A housing disrepair claim is a legal claim against a landlord who has failed to carry out repairs they are legally obliged to make, after being told about the problem. A successful claim can:

• Secure an order for the landlord to carry out repairs
• Result in compensation for the period the tenant lived with the disrepair (including for health effects, damaged belongings, and loss of enjoyment)
• Be pursued at no upfront cost to the client on a no-win no-fee basis

For clients in debt, a successful claim could provide a lump sum that helps address other financial pressures.

What to look for during a debt advice session

When taking a case, consider asking:

• Is your home in good repair? Are there any damp, mould, or heating problems?
• Have you told your landlord about these problems? When?
• Did your landlord do anything about it?
• Have any of your health problems, or your family's health problems, been linked to conditions at home?
• Has any property been damaged by leaks or damp?

Positive answers to any of these may suggest a disrepair situation worth exploring.

How to refer a client

If you identify a potential housing disrepair situation:

1. Tell the client they may have a claim and explain the no-win no-fee option
2. Signpost them to Support for Tenants, they can call 0800 030 4669 for a free assessment
3. If the client is at risk of eviction due to arrears, note that a disrepair counterclaim may be relevant to possession proceedings, seek advice promptly

When should I contact Support for Tenants?

We handle housing disrepair claims and are happy to discuss referral pathways with debt advice professionals.

Call us on 0800 030 4669. No upfront cost; clients only pay if we win.

Sources

• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)