If you’re renting a house, flat or HMO in the West Midlands — from Birmingham to Wolverhampton, Coventry to Dudley — you’re not alone in feeling uncertain about your rights as a tenant.
With the private rental sector growing across the region, more tenants are coming forward after discovering that their landlords have breached basic legal obligations.
From unprotected deposits to unsafe living conditions, many renters across the West Midlands could be entitled to claim compensation or even get part of their rent back — but don’t know it.
This guide explains the most common ways landlords break the law under UK housing legislation and what you can do if you’re affected.
Failure to Carry Out Repairs.
Legal Duty: Under the Landlord and Tenant Act 1985, landlords must:
- Keep the structure and exterior of the property in repair.
- Maintain heating, hot water, gas, electricity, and sanitation.
Claim Potential:
- You may be able to claim compensation if disrepair has caused inconvenience, health issues, or damage to belongings.
- Environmental Health may also serve improvement notices.
Deposit Protection Breaches.
Legal Duty: Under the Housing Act 2004, landlords must:
- Protect your deposit in a government-approved scheme within 30 days.
- Provide "Prescribed Information" within that time.
Claim Potential:
- If this isn't done properly, you can claim 1 to 3 times the deposit amount in compensation—even if the tenancy has ended.
Failure to Provide Legal Documents.
Required Documents (at start of tenancy):
- Gas Safety Certificate (updated annually)
- Energy Performance Certificate (EPC)
- How to Rent Guide (latest version)
- Electrical Safety Report (for most private rentals, every 5 years)
Claim Potential:
- Without these, landlords may be unable to serve a valid Section 21 eviction notice, and this may support a defence or counterclaim in possession proceedings.
Illegal Eviction or Harassment.
Legal Duty: Under the Protection from Eviction Act 1977:
- Landlords must follow due legal process to evict (usually via court order and bailiffs).
- Harassment includes threats, removing belongings, cutting off utilities, etc.
Claim Potential:
- Illegal eviction is a criminal offence and can lead to civil compensation claims, often including general damages and loss of enjoyment.
Rent Repayment Orders (RROs).
Can apply if landlord:
- Operated an unlicensed HMO (where required)
- Carried out illegal eviction or harassment
- Failed to comply with an improvement notice or prohibition order
Claim Potential:
- Tribunal can order up to 12 months’ rent to be repaid to tenant.
Failure to Maintain Safe Conditions.
Includes:
- Unsafe electrics or gas appliances
- Infestation (rats, mould, etc.)
- Fire hazards
Claim Potential:
- Complaints to the council could trigger enforcement, and if the landlord fails to comply, you may claim under disrepair or even pursue a Rent Repayment Order.
If you have been affected by a landlord dispute you may qualify for compensation. Get in touch with our team today to discuss your case.
