Quantum assessment in housing disrepair claims: a professional guide

Establishing liability in a housing disrepair claim is only half the task. Quantifying the claimant's loss, quantum, requires a systematic approach to general damages, special damages, and any injunctive element. This article covers the main heads of damage and the evidential requirements for each.

The main heads of damage

1. General damages for diminution of amenity

The primary head of general damages in a disrepair claim is diminution in the value of the premises to the occupier, the loss of enjoyment and comfort arising from having to live in a property that is in a worse condition than it should have been.

The starting point in most cases is a percentage reduction in the notional rental value for the period of the breach. The percentage is applied to the gross rent (or market rent if that is relevant) for the defect period. Courts do not apply a fixed formula, but the range of percentage reductions commonly seen is:

The percentage is applied to the weekly or monthly rent for the period of breach. Where multiple defects overlap, a single blended reduction is applied rather than separate percentages for each defect.

The period of breach runs from when the landlord had, or ought to have had, notice of the defect, to the date of repair. Where defects were never repaired, the period runs to trial (or, if the property has since been vacated, to the date the tenant left).

2. General damages for distress, inconvenience, and health impact

Distinct from diminution of amenity, the claimant may recover for:

• Distress and inconvenience: anxiety, difficulty sleeping, embarrassment from living in poor conditions, inability to have visitors
• Health impact: where a personal injury element is pleaded, typically respiratory conditions, skin conditions, or exacerbation of existing health conditions caused by damp, mould, or cold. This requires medical evidence linking the condition to the disrepair.

These are sometimes pleaded separately from the amenity reduction and sometimes incorporated within it. Where a personal injury element is significant, it is typically pleaded with medical evidence and assessed at a level consistent with other low-value personal injury claims.

3. Special damages

Special damages are the claimant's quantifiable out-of-pocket losses. Common heads include:

• Damaged personal property: clothing, bedding, and furniture damaged by damp or mould. Assessed on a replacement or diminution-of-value basis. Receipts or price evidence required.
• Additional heating costs: cost of supplemental electric heaters or other alternative heating during periods when central heating was defective.
• Dehumidifier costs: purchase price and running costs where the claimant had to use a dehumidifier.
• Cleaning costs: enhanced cleaning required as a result of disrepair.
• Medical costs: prescription charges or over-the-counter treatment for conditions linked to disrepair.
• Storage costs: if belongings had to be moved to avoid water damage.
• Rent paid for uninhabitable rooms: where a room was rendered completely unusable.

Special damages must be pleaded with precision and backed by documentary evidence. A schedule of special damages should be prepared and updated as costs are incurred.

4. Injunctive relief

Where the disrepair is ongoing at the time of the claim, the claimant can seek an injunction requiring the landlord to carry out specified works. The injunction remedy is typically:

• An order requiring the landlord to carry out listed works within a specified time
• Supported by a schedule of works identified by the claimant's expert surveyor
• Sometimes combined with undertakings given before trial

An injunction may also be sought on an interim basis in urgent cases, for example, where there is an immediate risk to health or safety.

Period of breach and the notice requirement

Damages only run from when the landlord had notice of the defect, actual or constructive. Where the defect was reported in writing, the date of that notice is clear. Where notice was given orally, the date must be established by witness evidence.

Where multiple notices were given and the landlord carried out partial or ineffective repairs, the breach continues if the defect recurred or was not remedied. The breach period may run for years in cases involving persistent damp or repeated failed repairs.

Calculating a claim: worked example

Facts: three-bedroom house, rent £1,200 per month. Damp in two bedrooms and hallway reported in writing. Two years of disrepair. Damaged clothing and bedding worth £800. Tenant developed asthma (mild, supported by a doctor's letter).

Calculation:

• Amenity reduction: 35% × £1,200 × 24 months = £10,080
• Distress and health impact (personal injury element): £2,500–£5,000 (mild respiratory impact, doctor's evidence)
• Special damages (clothing, bedding): £800
• Estimated total: £13,380–£15,880 + costs

This is illustrative only. The actual figure depends on the specific facts, the expert evidence, and judicial assessment.

Evidential requirements

Practical points

• Front-load the schedule of loss: file a detailed schedule of loss early. Courts expect pleaded quantum and it assists settlement.
• Update the schedule: if disrepair continues after proceedings are issued, update the schedule to trial.
• Avoid double-counting: amenity reduction already accounts for loss of enjoyment, do not also claim separately for every room being affected unless the room was genuinely rendered unusable.
• Medical evidence proportionality: a full expert medical report is only proportionate in cases with significant health impact. For minor respiratory complaints a letter from your doctor may suffice.
• Beware of inflated specials: courts scrutinise special damages carefully. Clothing lists of hundreds of items without receipts are routinely reduced.

When should I contact Support for Tenants?

We act for tenants in housing disrepair claims. If you are a housing professional looking to refer a client with a strong disrepair case, call us to discuss.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Pre-Action Protocol for Housing Conditions Claims, England (justice.gov.uk)

Related articles

• Disrepair limitation periods, what professionals need to know