Can I sue my landlord for emotional distress?
If you have suffered psychologically as a direct result of disrepair in your property, you may be wondering if you can sue your landlord for emotional distress.
Housing disrepair claims generally allow you to claim compensation for multiple types of damages which can include emotional pain and suffering.
According to the law, your landlord has a duty of care towards you as their tenant. Furthermore, they must ensure that their rental property is fit for human habitation.
This means that they must take timely action to address and resolve issues such as mould, dampness, broken doors and/or windows, unsafe gas and electrics.
If you live in a council or housing association property that falls below reasonable living standards and this has caused you unnecessary stress, depression and/or anxiety, contact our disrepair experts without delay.
Over the years, we have helped hundreds of people like you get repairs done and claim compensation for their pain and suffering caused by housing disrepair.
I am a council/housing association tenant - can I sue my council or housing association?
Yes, if you are a council tenant, we can help you sue your landlord for housing disrepair and other damages, including emotional distress.
All in all, you might be able to claim compensation for:
- Inconvenience the disrepair has caused you
- Damage to your personal belongings
- Financial loss if you have to spend more money as a result of the disrepair
- Personal injury, including injury to feelings and for the stress caused.
Read more about housing disrepair claims here.
If you are a tenant of a social or council landlord, it is their sole responsibility to ensure that your home is safe and fit for you to live in. Your home needs to meet reasonable standards and be well-maintained.
If your landlord keeps delaying repairs, you may be able to claim compensation for the inconvenience caused. Damage to your health (physical and/or emotional), damage to personal belongings, and any financial losses caused by the disrepair can also be included in your claim.
The issues that amount to housing disrepair can include (but are not limited to):
- mould or damp problems
- pest infestations
- leaks & water damage
- broken heating systems
- faulty electrical wiring
- internal deterioration
- damaged gutters, drains & pipes
- structural issues
- broken kitchen & bathroom fittings
I am a private tenant - can you help me?
At this time, we are unable to help private tenants with housing disrepair claims. However, we might be able to help if your landlord didn’t protect your deposit. Read about Tenancy Deposit Claims here.
What psychological conditions can I claim compensation for?
If you have experienced distress in the form of:
- insomnia,
- crying,
- depression,
- anxiety,
- loss of concentration,
- overwhelming feelings due to disrepair in your home,
then you may be able to take legal action against your council landlord.
When you make a claim for housing disrepair, you could also claim for loss of amenity. In short, loss of amenity is a type of compensation for that reflects how your injuries (physical and psychological) have affected your way of life.
Furthermore, you could also claim for any inconvenience caused the disrepair has caused you. For instance, if you have been left without heating or water for a year, meaning you weren’t able to take a warm shower in your home, this could be considered an inconvenience.
If you are not sure, please call our team for legal advice. You can also read more about this on our Housing Disrepair page.
How can I prove emotional distress?
To successfully claim compensation for emotional distress as part of your disrepair claim, you need to be able to show that disrepair (or ongoing repairs) has directly caused you emotional stress and a level of discomfort.
So for example, if you have suffered from insomnia, you need to be able to explain how disrepair has caused your lack of sleep.
The evidence can include your own and/or witness testimony and most importantly,records of GP visits, and any medical reports from your doctors.
How Much Compensation Could I Claim From My Landlord?
The amount of compensation you could claim for disrepair, the emotional distress it has caused and the psychological trauma suffered depends on a number of factors. These include the severity of the disrepair in your home and how long the issues have been ongoing and affecting you mentally.
Compensation for emotional pain will be factored into your disrepair claim and the level of compensation you will obtain will largely depend on the severity of your trauma.
Each case is different, so contact our team for a free assessment today.
I am worried my landlord will argue against my claim
You may be concerned that your landlord will reject your claim for housing disrepair and associated emotional distress.
Common defences of breaches of the tenancy we have seen include (but are not limited to):
- Failure to provide notification of the disrepair,
- Failure to provide the landlord access to the property when they try to investigate your complaints
- Disrepair due to and caused by the tenant’s lifestyle,
- Impact of Covid-19,
- Disrepair is not sufficiently serious enough to be considered a Section 11 disrepair.
Being specialists in housing disrepair issues and general litigation, we are well versed in landlords common defences to breaches of tenancy.
To strengthen your case, we always recommend that you keep any and all records of communications with your landlord.
How can I sue my landlord for emotional distress?
First, ensure you have your medical reports and other information to support your claim. It may be difficult to sue your landlord for emotional distress if you don’t have any supporting documents from a suitably qualified medical expert.
Secondly, discuss your case with an expert housing disrepair solicitor. Our solicitors can review your case for free and take further action on your behalf. Don’t worry about the costs as we work on a Conditional Fee Agreement, commonly known as No win No fee.
Thirdly, our solicitors will send a Letter of Claim to your landlord, which kickstarts the pre-action protocol for such claims.
Once a Letter of Claim has been sent to your landlord, you will then have to give them time to respond. If your council or housing association landlord admits liability, our team may be able to work out a settlement agreement offer. Negotiations may take place at this stage of your claim.
If your landlord denies liability or fails to respond then your solicitors will set about to obtain expert evidence in the form of a surveyor’s report to report on the issues you are having and whether they amount to S11 disrepairs.
Your solicitors will then issue court proceedings if a settlement can’t be agreed upon. The court will decide on the compensation amount and if you win the case against your landlord.
The landlord will pay compensation once the claim has been concluded.
Can SLS Solicitors help me sue my landlord?
We understand that living in disrepair can be emotionally distressing and exhausting, especially if your landlord is refusing to put things right.
The issues with your property may be making you feel anxious about your safety and the safety of your family. And if you are injured as a result of the disrepair, this can leave you feeling traumatised.
You shouldn’t have to experience emotional distress because of your landlord’s negligence and unwillingness to help.
Our team of experienced disrepair solicitors can help with getting your landlord to carry out the necessary repairs and get compensated for the pain, suffering, inconveniences and losses you have experienced.
I don’t have money to sue. Can you help me on a No win No fee basis?
Yes, our firm operates on a no win no fee basis. Our fees page provides more detailed information about how we operate.
Claim compensation from your landlord
Contact our specialist housing disrepair solicitors today to start your claim.
