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A home is meant to offer respite from the stresses and strains of daily life but for far too many people the opposite is true.

An estimated 14 million people live in poorly maintained homes and more than a fifth of adults have reported suffering physical or mental health issues as a result of housing problems.

However, mental health issues are much more prominent in the public consciousness thanks to charities like Mind and events such as Mental Health Awareness Week (May 9 - 13) helping to shine a light on the issues affecting millions of people.

No longer is it acceptable to say ‘pull yourself together’ and an increasing focus on the importance of good mental health has enabled public bodies and the courts to better understand these issues and support people in accommodation unfit for human habitation.

If you are someone stuck in a housing situation that is making you unwell you no longer have to grin and bear it.

Many people living in poorly maintained homes feel helpless and do not know where to turn or that they are protected in law; help is available, legal or otherwise.


What is housing disrepair?

Housing disrepair is where there is deterioration i.e. when part of a building is in a worse condition than it was at some time earlier. The gradual or sudden deterioration of your home, as a result of the lack of repairs, or even work completed in an unsatisfactory manner. The starting point to consider would be the terms of a tenancy and the relevant acts such the Landlord and Tenant Act, Fitness for human habitation act, to name a few.

It can include both interior and the exterior spaces, and does not have to be purely a physical decline. Mould, vermin or insect infestations which cause a statutory nuisance can be relevant, leaky plumbing or guttering, or boiler issues which mean the tenant has no or little access to heating or water, all constitute housing disrepair. Many GPs state that housing issues such as these contribute to anxiety and depression, while 21% of adults say their mental health has been negatively impacted by them in the last 5 years.

Not only that, people living in damp homes are twice as likely to suffer from respiratory problems, allergies, or asthma and children are more likely to have Eczema, with mould spores frequently causing allergies and rashes.


What are your landlord’s responsibilities?

Quite simply, if you are living in rented accommodation which has fallen into disrepair, then it is the landlord’s responsibility to fix it, having been notified by the tenant of the issues.

Your landlord is legally obliged to maintain your home, the physical structure and its general condition, this includes keeping up the standard of the gutters, drains and pipes, ensuring the supply of gas, water and electricity. If they fail to do so, you may have a case against them under the Landlord and Tenant Act (1985).


Lodging a claim against your landlord

To make a claim against your landlord, you need to show a deterioration in your rented accommodation and that your landlord has refused to act. You must also show it has affected your quality of life or health. Copies of letters or emails you have sent and photos of damage to your belongings - if mould has ruined your clothes or bedding for example, or if dodgy wiring has damaged your appliances - is important and helpful.

If the health of you or your loved ones has been affected, you may be able to make a personal injury claim, which may mean you can get help with hospital bills, or compensation for loss of wages, and any pain and suffering. As well as taking action during your tenancy, you have up to six years to make a claim.


Where to begin?

If your landlord refuses to tackle damp, mould and other potential disrepair, issues do not let it impact your mental and physical health any further, contact a solicitor for advice. Duncan Lewis Solicitors’ housing team has extensive expertise in all forms of disrepair, as well as possession, unlawful eviction, homelessness, succession for tenants, and neighbourhood dispute cases.

We know that making a legal claim or contacting a solicitor can appear daunting but our Chambers and Partners and Legal 500 recommended team offers a supportive environment for tenants to speak about their issues and is dedicated to fighting on your behalf to ensure your rights are protected. They can also advise on whether you are entitled to legal aid.

Duncan Lewis has a number of tools available to help you begin working out whether you have a claim too!

Use our disrepair compensation guide to work out where you stand, our disrepair calculator to get an idea of what you can claim, or read the personal injury arising from disrepair page to understand more about your landlord’s responsibilities.

If you are feeling overwhelmed by mental health issues as a result of housing disrepair then it’s a good idea to visit NHS online for available local support services.

Contact Duncan Lewis Solicitors’ housing director Dianne Cowie for expert advice. Dianne has encyclopaedic knowledge of housing law and is recommended in the Chambers and Partners legal directory as someone “very good with clients” who has “a nice rapport with them and keeps them informed."

Contact Dianne via telephone 020 7014 7339 or email at diannec@duncanlewis.com.