# Can I get money back because the council took over my landlord's property?

- Jurisdiction: United Kingdom
- Practice area: Tenancy Law
- Published: 2026-10-24
- Last updated: 2026-10-24
- Canonical: https://lawasked.com/uk/tenancy-law/can-i-get-money-back-because-council-took

## Question

I live in a flat in Manchester, England, and for the last six months, things have been incredibly difficult. Back in January, the local council stepped in and issued a management order because my landlord had completely neglected the building, leaving it in a state of disrepair. Since then, the council has been running the whole show, but their management scheme has caused me a lot of trouble. For instance, they have restricted my access to the communal garden area and have frequently scheduled maintenance workers to enter my home with almost no notice, which has been a massive disruption to my work life. I have already sent two polite emails to the housing officer explaining how this interference has affected my quiet enjoyment of the property, but they haven't offered anything other than saying they are 'managing the situation.' I haven't lost any actual money in rent, but the loss of facilities and the constant disturbance feel like a significant blow to my rights as a tenant. I am writing to find out if I can formally request that the council pays me some form of compensation for these specific disruptions caused by their takeover of the building.

## Summary

Yes, you can formally request compensation. Under the Housing Act 2004, you have the right to ask the council to consider paying you for the interference with your rights caused by their management order.

## Analysis

Because the council issued a management order (a legal tool used to take control of a property from a landlord who is failing to maintain it) to fix the disrepair in your Manchester flat, you are protected by specific rules regarding compensation. 

If the council is currently operating under a final management order, the law states that "If a third party requests them to do so at any time, the local housing authority must consider whether an amount by way of compensation should be paid to him in respect of any interference with his rights in consequence of an interim or final management order" [cite:uk-housing-act-2004-sec128]. This means that because your access to the communal garden has been restricted and your quiet enjoyment of your home has been disrupted by maintenance workers, you can trigger a formal review. The council is legally required to look at your claim and decide if money is owed to you for these specific disruptions [cite:uk-housing-act-2004-sec128]. 

If the council decides that you are entitled to money, they must "vary the management scheme contained in the order so as to specify the amount of the compensation to be paid and to make provision as to its payment" [cite:uk-housing-act-2004-sec128]. This ensures the payment is officially written into their management plan. 

However, if the council is currently operating under an 'interim' order (a temporary management order used while a permanent one is being decided), the process is different. In that case, you may need to apply to a tribunal (a specialized court that settles disputes) for an order to force the council to pay you [cite:uk-housing-act-2004-sec138]. The law does not specify exactly how much money you should receive, only that the council must consider it or a tribunal may order it [cite:uk-housing-act-2004-sec138].

## Statutory citations

- Housing Act 2004, Section 128 - Compensation payable to third parties [in force] (https://www.legislation.gov.uk/ukpga/2004/34/section/128)
  > If a third party requests them to do so at any time, the local housing authority must consider whether an amount by way of compensation should be paid to him in respect of any interference with his rights in consequence of an interim or final management order.
- Housing Act 2004, Section 138 - Compensation payable to third parties [in force] (https://www.legislation.gov.uk/ukpga/2004/34/section/138)
  > A third party may, while an interim EDMO is in force... apply to the appropriate tribunal for an order requiring the local housing authority to pay to him compensation

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