Claim For Disrepair Guide - Housing Disrepair Claim
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Complete Guide On Claim For Disrepair

Posted on: Mon Oct 4 | 6:11 AM by: housing

Has your rented apartment been destroyed or damaged due to failure to carry out repairs by your landlord, you can claim for disrepair. If you want to take legal action because your landlord won’t fix disrepair issues in your home, seek legal advice from one of our housing disrepair claims solicitors.

Disrepair in your house could make you and your entire family suffer ill health, cause you stress and inconveniences or even damage your personal properties. If this happens, you may be able to claim for disrepair.

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When the court awards compensation to you for repairs and inconveniences caused by disrepair, it is often referred to as damages. Claiming damages can help restore lost costs if your landlord makes repairs. 

We help you claim damages for any injuries or ill health it has cost you. With this complete guide on claim for disrepair, we’ll discuss how to file an injury compensation claim against your landlord. 

What Does It Mean To Claim For Disrepair?

Claiming for disrepair happens when a rental property is in poor condition or becomes damaged, but damages and faults are not repaired, causing an injury or inconveniences to occupants who end up taking legal action against the negligent landlord.

If you live in a rented apartment in a state of deterioration, you may be able to claim for disrepair. The property may have fallen into disrepair because your landlord  has failed to carry out repairs.

When you claim for disrepair, the court awards compensation to you for repairs and inconveniences caused by disrepair, it is often referred to as damages. Claiming damages can help restore lost costs if your landlord makes repairs. 

What Does It Cost To Claim For Disrepair?

If you are a private or social tenant, and your landlord does repairs halfway or poorly, you might still be able to take legal action against him and claim for disrepair. However, you must be careful because sometimes a negligent landlord may try to eject you rather than face court action or do repairs. Claiming for disrepair will be caused you:

  • Legal Fees: Taking court action can be quite expensive because you may be required to pay legal fees before you begin court proceedings. However, if you have a strong claim your case can be taken on a no win no fee basis. Contact our no no win no fee housing disrepair solicitors to find out if you are eligible.
  • Expert Fees: To prove your case you might need to get expert opinion to further explain the dangerous living conditions of your home. The expert’s fee must be paid so that if you win the claim then you can get the fee back from your compensation.You may also need a medical report to support your claim if your physical or mental health was affected by disrepair. Speak to a solicitor to arrange or instruct an expert for you.
  • Legal Aid Funding: Legal aid can help low income earners with part of their legal costs. You can only get legal aid to force your landlord to fix repairs that have been a risk to your health and that of your household.

What Can I Claim?

Disrepair in your house could make you and your entire family suffer ill health, cause you stress and inconveniences or even damage your personal properties. If this happens, you may be able to claim for disrepair.

Claim For Damages To Personal Property

If your personal properties or that of your family members living in your home were damaged due to disrepair, you could be entitled to claim compensation. These personal possessions can be furniture, carpets, shelves, clothing that may have been affected by mold or damp caused by broken pipes and leaks. 

When Claiming for housing disrepair, you could claim the total monetary value it cost you to repair or replace damaged properties in your home. You could also claim damages for your property that was destroyed during repair work in your home.

Claim For Damages To Your Physical & Mental Health

If you or anyone in your rented property has suffered ill health or sustained severe injury because your landlord failed to carry out repairs, you can also claim compensation. Any harm done to your mental or physical wellbeing will be factored into your compensation claim. The seriousness of your injury or that of your loved ones will determine the amount of damages you could receive. To prove your case, you may have to get a medical report showing there was a link between your injury and disrepair.

Claim For Any Inconveniences.

You could be eligible to claim compensation if it costs a lot of inconveniences such as moving from your apartment or not using your house in a normal way due to failure to carry out repairs. The amount of compensation you receive will also depend on the level of inconveniences and its effect upon your household.

Claim Back Some Part Of Your Rent.

You could claim back some of your rent if you had to abandon your home or haven’t  been able to use some part of the house. You could be entitled to get a refund or reduction in your next rent payment. The amount you might claim in compensation will be determined by how much of your apartment is unsafe or unlivable. 

You may also be able to claim one hundred percent of your rent if the entire apartment is unusable. This means that your rent may be reduced based on the severity of the inconvenience incurred during disrepair.

How Much Can You Claim For Disrepair?

Disrepair claims by tenants vary, and the percentage of damages to be awarded will largely depend on the severity of the disrepair. It is rare for a tenant to face a completely unsafe apartment which could have resulted in claiming one hundred percent compensation. 

However,  the final compensation you get will range from 25% to 50% of the rent of the apartment. If you want to know how much your disrepair claims may be worth, speak with housing disrepair solicitors or call our housing disrepair helpline for advice.

MAKE A CLAIM

Pre-Action Protocol for Housing Disrepair Claims

There are some procedures to follow in most disrepair cases, which is known as the  Protocol for Housing Disrepair Cases. Before you begin legal proceedings, you must have sent a letter to your landlord highlighting the details of disrepair issues in your property. 

This written letter to your landlord is known as a letter of claim. If your landlord doesn’t respond to you after the 20 working days, you could then proceed to begin a claim in court. You must warn the landlord before you start any court proceedings by sending a letter explaining the following:

  • The disrepair issue. 
  • The extent of damages.
  • The details of the earlier notification sent to your landlord.
  • The amount of time you gave the landlord to be able to fix disrepair, usually twenty working days.
  • The details about your intended legal action.

Time Limits For Making A Claim

It can be very saddening when your landlord turns down your home repairs. If you have reported disrepair problems to your private landlord but you’ve been struggling to get a response, then you should seek legal advice immediately.

Time Limits apply to all claims, so it is best to start early so that you can receive maximum compensation for damages. You will have up to 3 years to make disrepair claims involving personal injury from the time you reported the issue to your landlord. For other housing disrepair claims, you may have up to 6 years to issue court proceedings.

START A CLAIM

How To Claim Compensation From Your Landlord For Disrepair?

Taking legal action about the lack of repairs in your rental property can be a lengthy and difficult process. You may need assistance from the best housing disrepair solicitors if you want to begin your claim process.

When Claiming compensation from your landlord for disrepair, you can request for the court to order your landlord to not just pay your compensation but to fix needed repairs. The court makes an injunction to enforce immediate repairs by the landlord if your repair issue is urgent.

  • Report Disrepair.
  • Report To A Small Claims Court.
  • Seek Legal Advice.
  • Collect Relevant Evidences. 
  • Instruct An Expert Witness.
  • Record Other Details.
  • Begin Court Proceedings.
  • Wait For Response From The Landlord.
  • Pursue Settlement.

What Evidence Do I Need To Make A Claim?

You need supporting proof to back up your housing disrepair claim, like:

  • Photos Showing Damages That Need Repairs.
  • Videos Or Pictures Of Your Personal Possessions That Were Affected By Disrepair.
  • Copy Of Written Letters And Emails.
  • Copy Of Response Letters From Your Landlord.
  • Communication Between You And Your Landlord.
  • Copy Of Doctor Or Hospital Reports.
  • Copy Of Energy Bills.
  • Receipts For Replaced Properties.

No Win No Fee Housing Disrepair Solicitors

If you are currently faced with disrepair problems in your home, learn how you can make a claim for compensation today. We are no win no fee property damage solicitors who can assist you with a housing disrepair claim on a no win no fee basis. 

This means that you are under no obligation to pay any legal fees upfront. A no win, no fee arrangement is a sure way to ensure that any costs are covered from compensation if you win the case. Call our housing disrepair helpline for advice.

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