Is it a case of refunding rent that has been paid or a portion thereof, or is it rather damages and a case of the amount of liability for damages simply being calculated as a function of the amount of monthly rent due under the tenancy multiplied by the relevant liability period?


1 Answer 1


The Government's guide to the Act for tenants contains this explanation:

What will happen to my landlord if I win in court?

If the court decides that your landlord has not provided you with a home that is fit for habitation, then they can do one or both of these two things:

  • they can make your landlord do the necessary works to improve your home
  • they can make your landlord pay you compensation

The court will decide how much the compensation should be by looking at how long the house or flat was unfit, how bad it was and how this harmed you.

So presumably there is a calculation done when working out how much those damages may be, which could include any of the things mentioned in the question - and this may be in addition to requiring the landlord to actually fix the problems with the property.

  • Having read the whole Hffhha and the gov.UK guidance, I'm wondering where in law the 29 categories of disrepair are listed. Jun 22, 2023 at 14:04
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    @Seekinganswers It took a bit of detective work but all 29 are listed in Schedule 1 to the The Housing Health and Safety Rating System (England) Regulations 2005. Jun 22, 2023 at 14:37
  • Do you mind sharing the process of the detective work? Jun 22, 2023 at 15:17
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    So, the H(FfHH)A inserts text into the Landlord and Tenant Act 1985, so we need to start there. Scanning that, we see that section 10 has a small list of issues, but otherwise makes reference to a "prescribed hazard", as defined by regulations made under the Housing Act 2004. I then did a search on the legislation website, searching for Statutory Instruments using the keywords "Housing Act 2004". There weren't that many results, so it didn't take long to check out those SIs with relevant-looking names. Jun 22, 2023 at 15:46
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    Great work (as always), @SteveMelnikoff Jun 23, 2023 at 16:11

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