Friday, 27 February 2015

Compensation Claim against my landlord

Posted in: Need to Know | Ask the Experts

09/06/2010 8:20 pm

Unsuitable or offensive? Report this discussion

Sort: Newest first | Oldest first





10/06/2010 8:18 am

Name and Shame them - don't know all the details and know subjective but why do we keep hearing about collusion and other liberty taking to tenants? There's a post in Comments at the moment from a pensioner re: her (murdered son?) and once again, stating the poor treatment by landlord. Landlords are not all issue solvers, and all cases are subjective but there does appear a lack of training, skills and compassion from some of their staff.

Unsuitable or offensive? Report this reply

Expert post

Nigel Rogers

Nigel Rogers

Posts: 17

21/06/2010 12:24 pm

I think it sounds like the dog is causing a situation where conditions close to those which might be described as a statutory nuisance under the Environmental Protection Act are arising. If a landlord allows conditions which cause a risk to health to persist they could be prosecuted.

Unless there are specific clauses in the tenancy agreement which make the keeping of pets conditional on a landlord's approval or maintaining basic hygiene then I'm not sure the landlord, can insist the person gets rid of the dog. The option is there to take action against them on grounds of failing to keep basic hygiene I suppose, but, given their vulnerability, it is unlikely a decent landlord would want to consider this except as a last resort.

The fact that the mental health care co-ordinator is saying that the person does not engage is not a good sign. it sounds like a classic case of someone being in need of some less formal kind of support, such as might be provided by a tenancy support or floating support service.

Unsuitable or offensive? Report this reply

Expert post

Angus Macdonald

Angus Macdonald

Posts: 4

21/06/2010 12:28 pm

It is always difficult to comment on a specific case without reviewing the evidence of incidents and how the landlord has attempted to resolve the situation.  The involvement of the Ombudsman is unclear because under normal circumstances the complainant should continue to use this route because they can recommend compensation if there has been a service failure. 
All social landlords should have a compensation policy which usually forms part of their formal Appeals and Complaints procedure.  It is quite common for the compensation policy to detail under which circumstances and how much financial compensation should be awarded. For example, they might weight the impact of the service failure using low, medium, high ratings. Each of these ratings might be given a financial value and this will be multiplied according to how long the service failure has occurred. 


The relatively straight forward part of seeking compensation is when you can demonstrate, for example, a loss of earnings. It becomes more difficult when you try to financially quantify the distress caused in the absence of a detailed compensation policy.
The complainant could consider the following options to seek advice or assistance with compensation:

·      Contact the Ombudsman again

·      Ask for a copy of the landlords compensation policy

·      Submit the information which proves any financial loss

·      Put the onus on the landlord and ask them to make an offer of compensation for distress

·      Avoid asking for an inflated amount of compensation for distress because it may be counter productive

·      Seek independent advice from a solicitor or advice centre

·      If the landlord is a housing association which does not have a detailed compensation policy, contact the relevant local authority and refer the housing association to that policy if it has a guide on the financial amounts which can be awarded.

Unsuitable or offensive? Report this reply

Expert post

Abimbola  Badejo

Abimbola Badejo

Posts: 120

28/06/2010 10:47 pm

The fact that your landlord has decided to resolve this matter with you is to be welcomed. Assessing compensation for the type issues you have experienced is not an easy task. The decided cases on compensation for housing matters relate in the main to cases where the landlord has failed to repair premises as well as cases where the landlord has unlawfully evicted a tenant. In those cases the courts have over the years worked out a formula for assessing compensation. It seems to me that you case is closer to a disrepair case than to an action for unlawful eviction and it may be a sensible and pragmatic idea to try and deal with your case as though it is a disrepair case.

In trying to assess the compensation the key factors to consider are the nature of the problems caused by your neighbour, how this affected you and your family and how long the problems went on for. If you have suffered direct financial loss such as cost of phone calls, costs of personal possessions damaged by the dog and the like then those losses should be included in the compensation.

Without full details of the specific circumstances of your case, it is difficult to attempt to quantify the compensation. Your best bet at the moment is to seek specific advice on the likely compensation from a good housing solicitor. I know your landlord would prefer if you did not get a solicitor involved for obvious reasons of trying to save costs but the solicitor's role could be limited to trying to negotiate a settlement and if the negotiations are concluded early, that will keep costs down.

Alternatively, it always a good idea to ask the housing association to offer reasonable settlement proposals. They may offer you a figure which is too good to refuse. Equally, their opening offer may indicate how seriously or otherwise they view your complaint and that will help you in deciding whether they are really serious about resolving the matter.

Unsuitable or offensive? Report this reply

Joe Malone

Joe Malone

Posts: 11

29/06/2010 12:43 pm

I'm failing to see how the dog caused your family so much pain, loss and suffering? Was it aggressive, was it barking all night or fouling the shared communal area?Leaving aside all the emotive content in your e-mail then if what you say is true your landlord has breached their own tenancy agreement. I do not see the breach of a policy as a major issue and in fact your landlord can amend their own policies at any time they see fit. Presumably you moved by mutual consent rather being evicted? Your neighbour physically assaulted and harassed you but you were the one arrested? Your neighbour considers himself disabled or is he actually registered disabled or have a recognised heart condidtion? I also notice that you state your landlord failed to recognise 'our' diasabilities. What are those disabilities because if mulitiple members of your family have recognised or registered disabilities as you suggest, and these were ignored then this would be your best avenue to pursue. However I've got to say that I'm extremely sceptical and would love to hear the other side of the story. As things stand and in the absence of any evidence I would say that you don't have a strong case at all for compensation. If there is an award then I'd expect it to be in the low hundreds rather than thousands. Your landlord is absolutely right to suggest a method of alternative dispute resolution or out of court settlement and in fact a court would frown on any defendent who had not pursued this as a course of action.

Unsuitable or offensive? Report this reply



30/06/2010 1:04 pm

for all your suffering, and it seems to me atrocious for them to have got you arrested on lies, if ever comes to compensation it is very likely you will be offered peanuts, which will only add more distress and offence to injury.  Be very careful, because one of social landlords ploys in this cases it to make tenants who complain be categorised as 'unreasonable.'

You will need a good housing lawyer.  But whatever happens never give up your demand for justice and pursue them with your family, relatives, friends and other tenants until you get justice.   

Unsuitable or offensive? Report this reply

Eva Silver

Eva Silver

Posts: 649

30/06/2010 8:46 pm

Where do you live please

Unsuitable or offensive? Report this reply



30/06/2010 9:42 pm

Check out the Local Government Ombudsman website. They recommended I think £1500pa for a bad case of nuisance. I know it is a different Ombudsman but would give good guidance. The latest thinking is that both Ombudsman organisations will join together.

The Landlord appears to have traeted you dreadfully and should be brought to task for it.

Unsuitable or offensive? Report this reply



08/12/2010 10:35 am

Speak or fill out online a form relating to the Local Housing Ombudsman. just type in Google Housing Ombudsman and you will find it.  if your complaint is for a housing rented through the council then you will need to complain to the Local Government Housing Ombudsman, if not, then it is the Housing Ombudsman (say if you rent your property from a housing association, private landlord.)  it does take a long time as they are free so therefore very busy but they are well worth the wait. 

Unsuitable or offensive? Report this reply

john williams

john williams

Posts: 629

08/12/2010 11:10 am

One of the ploys why landlords ask you to quantify compensation:

1) if you ask too little, they might or might not even give it to you.

2) if you ask too much, they will try to use it to show you are being unreasonable.

Remember you are in a dispute with them, and whatever you say they will use it against you if they can.

As it has been said, if you have not lost work and earnings on paper it will be very hard for you to convince the court.

A lawyer advice is always good if you have access to one.  Ask your lawyer to help you present your case to the ombudsman first and see what happens.  

As It has been said in a previous post, do not give up until you get justice, both for your sake and for all other social residents abused by their landlords.

Unsuitable or offensive? Report this reply



08/12/2010 12:20 pm

What if the other tenant can proves his case?

Unsuitable or offensive? Report this reply

Rate this topic

  • 1 star out of 5
  • 2 stars out of 5
  • 3 stars out of 5
  • 4 stars out of 5
  • 5 stars out of 5

You must be signed in to rate.

Post a Reply

You must sign in to rate this topic or make a post

sign in register

Why not register?

Registration allows you to sign up for newsletters, comment on articles, add posts in the forums, quiz our panel of experts, and save articles and jobs in the My IH section.

Register now

Newsletter Sign-up

Most active members

Most recent posts

  • From F451, 24/02/2015 4:38 pm in Query re RTB and affordable rent

    It would be so great to be allowed to discuss things in these areas again.

  • From Alan Ward, 23/02/2015 7:30 am in SECURE TENANCY

    Can housing association change my secured tenancy from a 2 bed to a 1 bedroom. I have complained for 15 years that my 15 year old bedroom is to small. Only can fit a single bed. That's all. Now they admit it's a 1 bedroom and want me to change my tenancy to a 1 bedroom also I have paid rent for 15 years and they say they owe me no arrears is this Legal?

  • From Alan Ward, 23/02/2015 7:23 am in Tenant's right to withdraw notice

    Hi. Can any one advice please. 15 years ago I swapped my 2 bed flat in Norwich to a 2 bed flat in Wimbledon. When I moved hear I questioned my then housing officer that the single bedroom was to small. After 15 years the housing associtation now say it's a 1 bedroom even though I have been paying for a 2 bedroom. Also they want me to change my secure tenancy from a 2 bed to 1 bedroom contract and tell me they owe me no arrears of rent. Is this legal?

  • posted Anonymously, 29/01/2015 8:09 am in Homeless occupant not being assisted by council

    Hi MFM.

  • posted Anonymously, 29/01/2015 8:08 am in Rehousing Of Council Tenant

    compenstion - yes, ask them.

  • From Rexroth, 19/01/2015 6:50 pm in To what extent can a RSL advise residents on financial matters.

    They need a licence.

  • posted Anonymously, 15/01/2015 11:17 pm in forced to end assured tenancy to start a joint one

    Can I ask as to how she is forcing you out? Has she asked you to leave or has she ended the tenancy? 

  • From Alan London, 13/01/2015 6:11 pm in Relationship break down and moving out with housing association tenancy

    Thanks. No info on the website regarding assignment or succession but in the tenancy agreement it only refers to the subject when talking about the death of the tenant. My partner is still quite young and although it would be nice to have the ability to assign...if it exists, there are other questions to be considered. Her job is not secure and she has been told that if she should need to claim housing benefit in the future then she would only be able to claim for half the rent should my name still be on the tenancy. Were ...

  • posted Anonymously, 05/01/2015 9:27 am in Housing Officer issues

    Hi Andrew,

  • From Rose007, 21/12/2014 4:22 pm in Death, Secure Tenancy, Downsizing and relatives moving in

    I advise you to seek proper advice on this.  There are many people that provide advice on this site that is not necessarily correct.  Have you now succeeded to the tenancy or is that still being looked into.  The Localism Act introduced further rules relating to succession.  caselaw is Newport CC v Charles considered by court of appeal.  The son kept up a pretence his mother was still alive when she had died a number of years previous.  The initial court hearing granted possession under Ground 16 which was overturned on appeal as more than 12 months had passed ...

IH Subscription