You can sue your housing association or council for emotional distress as part of a housing disrepair claim. Housing disrepair claims allow you to claim compensation for various damages, including your pain, suffering and loss of amenity.
Disrepair solicitors – England & Wales
If your rental property is in a state of disrepair but your housing association/council won’t do anything about it, contact us at Ashmans Solicitors. You may have grounds for a housing disrepair claim. Get a free assessment of your claim today.
Can I take my housing association/council to court for stress?
Yes, you can sue your housing association/council for stress, if this emotional distress occurred as a direct result of a housing disrepair. This is because as a tenant, your housing association/council has a legal duty of care towards you. This duty of care applies to private landlords, housing associations and local councils. According to the law, housing associations/councils are responsible for ensuring that a rental property is fit for human habitation. This means that your housing association/council must take action to address issues such as mould and damp, broken windows, and unsafe electrics.
Find out exactly what your housing association’s repair responsibility are: What Are My Housing Association’s Responsibilities?
If something needs repairing in your rental property, and it falls under your housing association’s repair responsibilities, then you should tell the housing association/council as soon as possible. Then you should give the housing association/council enough time to fix the problem. However, if the housing association/council refuses or ignores the issue, then you could have grounds to take the matter to court. This is called a housing disrepair claim. Understandably, living with a housing disrepair is stressful. That’s why the law allows you to claim compensation to cover the emotional distress you have wrongfully experienced.
Pain, suffering and loss of amenity
When you make a housing disrepair claim, there are different things that you can claim for. In legal terms, these are known as heads of claim or heads of loss. One example is pain, suffering and loss of amenity (sometimes abbreviated to PSLA). Pain and suffering can include both your physical injuries AND your psychological injuries. This means you can get compensation for things like depression, anxiety and stress, if these conditions have been caused your housing disrepair. Loss of amenity is the way in which your life has been adversely affected by the housing disrepair.
Housing association/council compensation for inconvenience
When you make a housing disrepair claim, you can also claim for the inconvenience it has caused you. For instance, if you have been left without hot water for a year, meaning you have had to take showers at your local leisure centre, then this would be considered an inconvenience.
What else can you claim for?
In addition to your pain, suffering, loss of amenity and inconvenience, you can claim for:
- The cost of repairing or replacing your damaged possessions
- The cost of your medical treatment and equipment, if you have been injured
- Your lost earnings, if you have taken time off work due to the housing disrepair
- Any other financial losses you have incurred because of the housing disrepair, such as the cost of temporary accommodation
Get a free assessment of your housing disrepair claim
Living with a housing disrepair is upsetting, especially if your housing association/council is refusing to address the problem. We understand that this can affect you mentally. You might feel depressed about your living situation. You might feel anxious about the safety of you and your family. And if you are injured because of the disrepair, then these injuries can leave you feeling traumatised and upset.
No one should have to endure such emotional distress because of their housing association’s negligence. We can help you get compensation for the pain, suffering, inconvenience and financial losses you have been caused. We can also seek action through the courts to force your housing association or council to resolve the issue.
Speak to our housing disrepair solicitors
We offer everyone a free claim assessment. This means you can talk to our housing disrepair solicitors about whether or not you have grounds for a claim. This advice comes completely free of charge.
Could you make a housing disrepair claim? Get a free assessment from our housing disrepair solicitors today.
Call us on 0333 009 6275. We are available to take your call 24 hours a day, 7 days a week.