Housing Disrepair Legal Glossary
Understanding legal terminology is crucial when pursuing a housing disrepair claim. This comprehensive glossary explains key terms related to Awaab's Law, tenant rights, and compensation claims in plain English.
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21 terms
A
Awaab's Law
A legal amendment to the Social Housing (Regulation) Act 2023, named after Awaab Ishak, that mandates strict repair deadlines for social landlords when addressing damp, mould, and other serious hazards.
Learn moreC
Category 1 Hazard
Under the Housing Health and Safety Rating System (HHSRS), a Category 1 Hazard is a serious risk to health or safety that requires mandatory action by the local authority. Examples include severe damp, mould, excess cold, and structural collapse risks.
Learn moreCategory 2 Hazard
A less severe hazard under HHSRS where the local authority has discretionary powers to take action. These hazards still pose risks but are not immediately life-threatening.
D
Disrepair
A property defect or deterioration that breaches the landlord's repairing obligations under Section 11 of the Landlord and Tenant Act 1985. Common examples include leaking roofs, broken boilers, and damp.
F
Fitness for Habitation
Under the Homes (Fitness for Human Habitation) Act 2018, landlords must ensure rental properties are fit for human habitation at the start and throughout the tenancy. Properties with serious damp, mould, or hazards may be deemed unfit.
G
General Damages
Compensation for non-financial losses such as distress, inconvenience, loss of amenity, and reduced quality of life caused by living in disrepair. Typically calculated as a percentage of rent.
H
Housing Disrepair Claim
A legal claim against a landlord for failing to maintain a property, seeking compensation for damages and court orders to force repairs.
Learn moreHousing Health and Safety Rating System (HHSRS)
A risk-based assessment system used by local authorities to evaluate hazards in residential properties. It categorizes hazards into Category 1 (serious) and Category 2 (less serious).
I
Improvement Notice
A formal notice served by the local authority requiring a landlord to carry out specified works to address hazards within a set timeframe.
L
Landlord and Tenant Act 1985
Primary legislation governing landlord repairing obligations. Section 11 requires landlords to keep the structure, exterior, and installations (heating, water, sanitation) in good repair.
N
No Win No Fee
A Conditional Fee Agreement (CFA) where legal fees are only payable if the case is successful. If the claim fails, the client typically pays nothing. Also known as 'No Win No Fee' arrangements.
P
Penetrating Damp
Water entering a property through walls, roof, or windows due to defects such as failed pointing, cracked render, or damaged guttering. A common cause of housing disrepair claims.
Pre-Action Protocol
A set of procedural steps parties must follow before commencing court proceedings. In housing disrepair cases, this includes sending a Letter of Claim and allowing the landlord time to respond and inspect.
Prescribed Requirements
Under Awaab's Law, emergency hazards must be investigated and made safe within 24 hours. Potential significant in-scope hazards must be investigated within 10 working days; confirmed significant hazards then engage separate safety-work, written-summary and supplementary-work duties.
R
Registered Social Landlord (RSL)
A housing association or other not-for-profit organisation registered with the Regulator of Social Housing to provide social housing. Subject to Awaab's Law requirements.
Rent Abatement
A reduction in rent, or damages assessed by reference to rent, reflecting proven loss of use or amenity during actionable disrepair. There is no universal percentage: valuation depends on the facts, evidence, rent, duration and effect on the home.
Rising Damp
Groundwater rising up through walls due to a failed or absent damp-proof course (DPC). Causes tide marks, peeling wallpaper, and salt deposits on walls.
S
Section 11
Section 11 of the Landlord and Tenant Act 1985, which imposes implied repairing covenants on landlords to maintain the structure, exterior, and key installations of rented properties.
Special Damages
Compensation for specific, quantifiable financial losses caused by disrepair, such as damaged furniture, clothing, increased heating bills, and alternative accommodation costs.
Stachybotrys (Black Mould)
A toxic mould species often found in water-damaged buildings. Exposure can cause severe respiratory problems, allergic reactions, and long-term health issues. A Category 1 Hazard.
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If you're dealing with damp, mould, or other housing disrepair issues, our specialists can help you understand your rights and pursue compensation.
Social Housing Regulation Act 2023
Landmark legislation that strengthened tenant protections and created Awaab's Law. It gives the Regulator of Social Housing enhanced powers to intervene when landlords fail tenants.
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