Disrepair

As a social landlord, we have to keep your home in a good state of repair. This includes:

• completing repairs we are responsible for in reasonable time
• keeping plumbing, electricity, gas and water supplies in working order
• maintaining the structure and exterior of your home

Disrepair claims

A housing disrepair claim involves a tenant taking legal action against their landlord for failing to repair their home.

Some claims management companies approach tenants to make a claim using their services.

Tenants can then become 'locked in' to a legal process, which can put them at significant personal financial risk. Sometimes these approaches by claims management companies are also fraudulent.

Let us help you

It's important to us that you're happy with our repairs service. We don't want you to feel like you have to make a claim against us. If you are unhappy with any part of our repairs service, please contact us. We would like to resolve any dissatisfaction you have early on. If you want to make a formal complaint, contact us.

We may reject a claim if you did not report the repairs to us in good time, or if you have not used our formal complaints process to tell us you are unhappy.

Support available

All reputable law firms are regulated by Solicitors Regulation Authority (opens new window).

You can also access free, independent help and advice from other organisations, including:

• Citizens Advice (opens new window)
• Shelter (opens new window)
• Housing Ombudsman Service (opens new window)

About claims management companies

A claims management company is a business that offers a service for people wanting to claim compensation. They target people living in social housing homes. They use marketing tactics to encourage you to make a claim for disrepair, often promising guaranteed compensation. This is a false claim and compensation cannot be guaranteed in these cases. Some companies may put pressure on you to make a fraudulent claim because they can gain financially from this. These companies then sell your claim to solicitors who act as intermediaries between you and your landlord. The solicitors represent you and handle the claim on your behalf, at a cost.

Any agreement with these companies can put you at significant financial risk.

Sometimes they may even pose as surveyors. All our representatives carry Gateshead Council identification badges. If they can't show you any ID, or you have any other reason to be suspicious, don't let them in.

If you feel unsafe, please call the police and let us know on 0800 408 6008.

Risks involved in using claims management companies

Claims management companies may tell you that they work on a 'no win, no fee' basis. You may end up in debt due to signing up to their agreements.

They may also charge an upfront sum to take out an insurance policy to cover the cost of your claim. This lump sum can be a significant amount. Any potential compensation you receive from a claim may reduce to cover solicitor fees or legal costs. If your claim is unsuccessful, you may also be liable to pay Gateshead Council's legal costs.

When you have put forward a claim and signed documents from a solicitor, you may not be able to stop the claim if you change your mind. If you want to stop the process, you may be liable for fees for any surveys of your home, or for any insurance policy you're told to take out.

How long a claim takes

Even small claims can take several months. Some can take years to resolve. As part of the process, you may have to appear in court to provide evidence, which can be distressing.

Potential tenancy agreement breach

While your claim is ongoing, claims management companies may tell you not to allow us access to carry out any repair in your home. This would put you in breach of your tenancy agreement with us.

As your landlord, it is our responsibility to make sure your home is in a good state of repair. We will continue to visit your home, having given you notice of our visit. If there's a health and safety risk, we may ask for a court injunction to gain urgent access to do the work.

The effect of claims on Gateshead Council

Disrepair cases are extremely costly to us. The time and money we use on these claims takes away from repairs, planned investment and essential support services. This can have a damaging impact on our neighbourhoods.

What we will do if you make a claim

We will arrange for a building surveyor to carry out a survey in your home.

During the survey, we will make a note of any repairs your home needs and check if we need to charge you for any damage.

As a part of the claims process, we will check our records to see if you have told us about any of the repairs in your claim. We will submit this information to your solicitor as part of a legal disclosure.

We will defend any dishonest or bogus claims.

If the survey identifies repairs that are our responsibility, we will arrange to visit your home and do the work once any legal proceedings are complete.