Claiming Compensation from Your Landlord in England

If you’re renting a property in England and your landlord hasn’t met their legal obligations—like fixing repairs, protecting your deposit, or following correct eviction procedures—you may be entitled to compensation. This guide explains how renters in England can claim compensation from a landlord, including what evidence you need, which official forms to use, and how the courts and tribunals handle your claim under the law.

When Can You Seek Compensation from Your Landlord?

You may be entitled to compensation if your landlord has:

• Failed to carry out essential repairs or to maintain the property to a safe standard
• Kept your deposit illegally or not protected it in a government-approved scheme
• Unlawfully evicted you or not followed the correct legal procedure for eviction
• Breached your tenancy agreement in any other way

Compensation is designed to cover any financial loss or distress you have suffered as a result of your landlord’s actions or inaction.

Common Types of Compensation Claims

• Disrepair claims: For issues like mould, leaks, lack of heating, or other hazards not fixed by your landlord.
• Deposit protection breaches: If your deposit was not protected, you might be awarded up to three times the deposit amount.
• Illegal eviction or harassment: If you were evicted without proper notice or procedure, or experienced landlord harassment.

Step-by-Step Guide to Claiming Compensation

It is important to follow the correct process, gather evidence, and use the official forms and channels for your claim.

1. Gather Evidence

• Take dated photographs or videos of disrepair or hazards
• Keep records of correspondence with your landlord
• Gather receipts for any costs you've incurred (e.g., alternative accommodation, repairs)
• Copy your tenancy agreement and deposit scheme details

2. Notify Your Landlord in Writing

Send a formal letter outlining the problem and request a resolution. This gives your landlord the opportunity to fix the issue or address your claim, and creates a paper trail for your case.

3. Escalate the Issue

If your landlord doesn’t resolve the matter, you can escalate your complaint to your local council’s housing department or use an official complaint scheme. For disrepair, your local council can inspect the property and issue enforcement notices. Find your council’s contact through the government website.

4. Use Official Forms to Make a Legal Claim

If the problem remains unresolved, you may need to take your case to court or tribunal. Here are the main forms and where they apply:

• N1 Claim Form: For money claims (including compensation) in the County Court. Use this for rent repayment, compensation for disrepair, or unlawful eviction.
  Example: If your landlord failed to repair a leaking roof and you suffered damage, submit a Form N1 (Claim Form) online or in person via the County Court.
• N5B Claim Form: For accelerated possession, mainly used by landlords, but tenants may reference this if served notice improperly. Learn about form N5B.
• TDS Dispute Forms: For deposit disputes, each scheme (DPS, TDS, MyDeposits) has its own process.
  • For example, with DPS (Deposit Protection Service), use their online dispute referral system if you can’t agree on deductions.

5. Tribunal or Court Hearing

Usually, your claim will go through the County Court, but in some cases (like rent repayment orders), you may apply to the First-tier Tribunal (Property Chamber). The tribunal handles many housing-related compensation issues, especially involving licensing breaches and rent repayment orders.

Relevant Legislation

• Landlord and Tenant Act 1985 – landlord repair duties
• Housing Act 2004 – deposit protection
• Housing Act 1988 – eviction rules and tenancy law

Each case is unique and outcomes depend on your specific circumstances, evidence, and how well you follow the proper steps.

FAQ: Renters’ Compensation in England

1. How much compensation can I get if my landlord hasn’t done repairs?
   Compensation varies, but courts may award the difference between what you paid and what the property was worth during disrepair, plus any losses you suffered. Each case depends on the severity and duration of the problem.
2. What should I do if my landlord hasn’t protected my deposit?
   You can claim up to three times the deposit amount by applying to the County Court using Form N1 if your deposit wasn’t protected or you didn’t get the required information within 30 days.
3. Can I get compensation for mold, damp, or similar problems?
   Yes, if your landlord failed to fix health hazards like mould or damp, you may receive compensation for the impact on your health, inconvenience, and any financial losses.
4. Who handles compensation cases for renters in England?
   The County Court generally handles claims for compensation. For rent repayment orders or licensing-related cases, apply to the First-tier Tribunal (Property Chamber).
5. Do I need a solicitor to make a compensation claim?
   You do not have to use a solicitor, but you may wish to seek advice, especially if your claim is complex. Free advice is available from Shelter or Citizens Advice.

Summary: Key Takeaways

• Claim compensation if your landlord breaches repair obligations, deposit protection rules, or evicts you unlawfully
• Gather clear evidence and follow official steps, including providing written notice
• Use correct forms and apply to the County Court or First-tier Tribunal as appropriate
• Free help is available from national advice organisations if you’re unsure

Need Help? Resources for Renters

• Shelter England – Repairs Advice
• Citizens Advice – Housing Help
• UK government guide to private renting
• Tenancy deposit protection schemes
• First-tier Tribunal (Property Chamber)

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1. Landlord and Tenant Act 1985
2. Housing Act 2004
3. Housing Act 1988
4. First-tier Tribunal (Property Chamber): Residential Property
5. Tenancy Deposit Protection: Official Guidance

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