IS YOUR HOME IN NEED OF REPAIR?

IS YOUR FAMILY’S HEALTH AT RISK?

Every rental property on the market whether council, housing association or through a private landlord must meet certain standards that ensure they are safe and suitable for tenants to live in. If you are a tenant, your landlord is under obligation by law to ensure that:

The house is safe and hazard-free
The drains and gutters are clear and function as should be
The house is free from damp and mould
There is safe access to gas, water and electricity
The heating system is working as should be
The rental property has an Energy Performance Certificate
Sanitation facilities like sinks and toilets
Your deposit is protected in a government-approved scheme

It can be quite frustrating when your landlord turns a blind eye to the poor conditions in which you live. Read on as we discuss the most common housing disrepair issues and what you can do if your landlord won’t repair the issues in your home.

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No Win No Fee Housing Disrepair Claims Explained

At housingdisrepairclaim.co.uk all of our solicitors work on a No Win No Fee agreement with all our clients. No Win No Fee refers to legal services provided by way of an arrangement that generally means you won’t be expected to pay legal fees unless you win your case. It allows normal members of the public to bring forward housing disrepair legal claims without having to fund the costs out of their own pockets up front.

No Win No Fee arrangements are generally made available by solicitors offering clients a Conditional Fee Arrangement or “CFA” when acting in a housing disrepair matter.

A No Win No Fee Agreement is a formal agreement with a Solicitor that generally means you won’t be expected to pay legal fees unless you win your case. It allows normal members of the public to bring a housing disrepair claim without having to fund the costs out of their own pockets up front.

A No Win, No Fee agreements, means everyone can access justice, even if they do not have the financial means to pay up front for a court case. This is vital to ensure the interests of justice are upheld and that victims are able to pursue their legal rights.

Conditional fee agreements (CFAs)

With a CFA if your case loses, you will not pay your solicitor anything.

If your case is successful, you will need to pay your legal costs for representation. These vary depending on which firm you use. However, these costs are generally recovered from the losing party, or defendant and your solicitor manages this process for you.

You may also be required to pay a Success Fee to your chosen law firm. This is a percentage-based fee that comes out of your compensation if you win the case. This amount will be agreed by you and your solicitors at the start of your claim but is no more than 25% of your total compensation in relation to any personal injury aspect of your potential claim and no more than 50% in relation to any other aspect of your potential claim.

The level of the success charged will be between 0 – 25% for any personal injury aspect of your potential claim and 0 - 50% in relation to any other aspect of your potential claim and is assessed by panel law firms on a case by case basis. When choosing the level of the success fee being charged each panel law firm will have an individual assessment criteria but generally the case will be assessed on:

– The prospects of the matter and level of risk for the firm bringing the case
– The cost associated with bringing the case
– The likely level of damages
– The timescale for the case to resolve

Will I Ever Have to Pay Anything?

In addition to the success fee set out above, in the event that you terminate the agreement with the Panel Law Firm other than during the cancellation period then the firm may charge a termination fee. You should discuss this carefully with your solicitor so you fully understand your rights and obligations under your CFA.

What is ATE Insurance and Do I Need It?

After The Event Insurance is a product your solicitor may advise you to take out alongside your CFA. It provides an insurance policy to cover any potential costs in the event your case is unsuccessful. Generally, ATE is designed to cover the costs of disbursements incurred (medical records, expert fees, barristers fees etc) and/or potential adverse legal costs orders made for you to pay the defendant’s legal costs. If you have ATE in place, such costs can be covered by the insurance policy.

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How We Work

We work with a Panel of experienced housing disrepair solicitors. This means we can find the right Solicitor for your case with the necessary expertise. If we believe you may be able to pursue a claim for housing disrepair we can provide you with the dedicated details of one of our Panel of Specialist Housing Disrepair Solicitors so they can provide you with a legal assessment of your potential housing disrepair claim.

You are under no obligation to use or instruct the Panel Law Firms we work with and you are free to choose any legal representation you wish.

We do not charge any fee for our services. We are paid an advertising fee by the Panel Law Firms we work with for the advertising services we provide, but our service is free of charge to you.

Most Common Housing Disrepair Issues

Flooding and water leaks

Are you experiencing persistent flooding and water leaks? Flooding and water leaks expose you to health and safety risks.

Defects to the structure of your property

Structural issues can be ticking time bombs as they often represent the root cause of other problems in a property.

Rodent and pest infestation

Has your landlord’s failure to uphold the structural integrity of your home forced you to start living with unwelcome guests?

Damp or mould issues

Many housing disrepair cases are due to failure on the part of the landlord to deal with damp and mould. Damp and mould can expose tenants to health issues.

Boilers and Electrics

Many landlords fail when it comes to ensuring heating system in the home is in optimum condition.

Problems with the roof, windows, gutters and drains

The windows, roof, drains and gutters are crucial to your health and safety in a rented home. It is the responsibility of your landlord to maintain these structures.

What is Housing Disrepair?

This is when the condition of a rented property has deteriorated and is in need of repairs to become safe and suitable for tenants to live in. This negative change in quality could be physical damage to the exterior or interior, or infestation, plumbing problems, mould issues, or anything that prevents you from living normally in the rented property.

Is your rented property in need of repair? Have you reported the issues and your landlord has failed to carry out necessary work within a reasonable period of time? Have you suffered discomfort, illness or injury as a result of the disrepair? Housing solicitors can help you make housing disrepair claims and sue your landlord for negligence.

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FAQ

What is housing disrepair?

This is a term that describes a rented property in need of repair in order to qualify as safe and suitable for tenants to live in.

What is landlord negligence?

Landlord negligence is when a landlord fails to uphold their duty of care towards a tenant – resulting in discomfort, illness or injury.

What is housing disrepair law?

The housing disrepair law – the Landlord and Tenant Act 1985 – stipulates the responsibilities of a landlord and the crucial role they play to ensure the safety of their tenants.

What are housing disrepair claims?

This is a type of lawsuit that involves legal proceedings by a tenant against their landlord for failing to keep the house in good condition and fix its damage.

Can I claim for housing disrepair?

Yes. If your landlord has failed to keep the house in good condition and repair faults in your home, you can make a claim through the Housing Ombudsman or contact a housing solicitor for help.

Can I sue landlord for negligence?

Yes. If your landlord has failed to maintain parts of your rented property and ignored requests to fix these issues, you can sue your landlord for negligence.

Can I get compensation for mould?

Yes. Presence of mould in your home can damage your home and trigger a number of health conditions. You may be able to make claims for compensation if there has been damage to your belongings or you have suffered health issues due to mould presence in your home.

No Win No Fee Housing Disrepair Solicitors

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