Claiming Compensation for Housing Disrepair
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Claiming Compensation for Housing Disrepair

Posted on: Tue Jan 12 | 6:54 AM by: housing

When we rent a property, we like to feel safe and comfortable to live and conduct our affairs. If your home falls into a state of disrepair and exposes you to health hazards, you do not have to put up with it. Landlords have specific legal obligations that they must meet to ensure their properties are fit for tenants to live in. If they fail in this regard and it causes you discomfort, injury or illness, then you may be entitled to housing disrepair claims.

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Before we take a dive into the compensation you may be entitled to, let us discuss housing disrepair and housing disrepair claims

What Is Housing Disrepair?

In clear terms, housing disrepair means when a rented home, or any other type of rented accommodation is in a damaged or deteriorated state that needs repairs, compared to when you moved in. 

Such deterioration could be on the exterior as well as the interior of the house and may include mould problems, broken boiler, plumbing issues, gutter issues; essentially anything that inconveniences or causes discomfort and suffering to you as a tenant in the home. 

What Are Housing Disrepair Claims?

Landlords are required by law to ensure that the properties they rent to people meets a certain standard (of good state) structurally. Housing Disrepair Claims are lawsuits filed against landlords who fail to meet a certain standard or act negligently towards their responsibilities. 

If you have reported disrepair to your landlord a long time ago and he has been reluctant in carrying out the necessary repairs, or outrightly ignores you, you can claim for disrepair. With the assistance of the best housing disrepair solicitors, you can get the compensation for every bit of discomfort you suffered.

Common examples of housing disrepair in the UK include:

Sometimes of the most common housing disrepair issues our housing disrepair claims solicitors UK have handled include;

  • Damp and mould
  • Water damage from leaks/ plumbing issues
  • Broken electrical appliances
  • Water heater issues
  • Pest infestation
  • Broken doors or windows
  • Leaky roofs

When Can I Make Housing Disrepair Claims for?

You can take legal action against your landlord anytime during your tenancy, and even after you move out. Generally, you can start a housing disrepair compensation claim within six years after you first reported the disrepair. However, you will have only three years to start a claim if the disrepair caused you personal injury.

What am I entitled to for Housing Disrepair Claims?

When it comes to housing disrepair claims, generally, you can be awarded the following: 

  • repairs
  • compensation
  • legal costs

If your home has fallen into a state of disrepair, you are entitled to have those repairs done by your landlord. When your landlord refuses to fix things, you can recover compensation for:

  • Damage to belongings – When it want to claim for disrepair, you can include the value of damage to your belonging in your claim. For example, if mould affected your bedding, carpets, clothing you can claim compensation for this. In addition, if an electrical problem damaged your electrical appliances, compensation for damage to belongings will cover the cost of repairing and replacing the damaged properties. In most cases, you may get less than the cost of damaged items as you would be expected to buy second hand replacements. 
  • Personal injury – If housing disrepair has caused you or your loved one ill health due to poor living conditions, housing disrepair claims solicitors can look into your case to help you pursue a compensation claim. Compensation amounts received in this case however will depend on the severity of your illness and/ or how long such illness has lasted. Also, if you incurred certain financial burdens or losses, you can also claim compensation for this. 
  • General inconvenience –  Any other form of incovenience caused by disrepair can also attract financial compensation. Whether its in cash sum or a partial rebate of your rent during the period of disrepair.

How to claim compensation from your landlord 

Landlords may not always know about the defects on the properties they rent since they do not live onsite. As a result, you, as a tenant, must do the following to lodge a successful compensation claim:

  • Inform your landlord about the problem while you are a tenant prior to your injury;
  • Allow your landlord reasonable time to carry out needed repairs prior to your injury.

All landlords must respond to complaints about disrepair within a reasonable period of time – which is usually within 20 days. However, it is only logical that a landlord responds sooner if the disrepair is hazardous and life-threatening.

Furthermore, in order for your disrepair claims to be successful, it is important that you keep records of evidence such as texts, emails between you and the landlord, or any other form of evidence. Important dates, including the dates you made complaints about the housing disrepair to your landlord should be taken note of. 

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What Do I Need to Prove My Claim?

If your landlord has failed in his/her duty to ensure that you as a tenant enjoy a healthy/safe living condition, or has refused to carry out necessary repairs within a reasonable time, housing disrepair laws make it possible for you to make a claim. 

All you need to do to prove your claim is collate evidence that your solicitor  can present before the court as a proof that you do, in fact, have a housing disrepair claim. 

In cases where houding disrepair has caused personal injury,  important documents such as medical reports, quotes, receipts and photographs will come in handy. If there are repairs you have undertaken on your own, with receipts available, you can also get compensation for these extra costs incurred to make your home habitable. 

If you get in contact with any of our housing disrepair claims solicitors, you will be asked to provide necessary evidence to support your claim. Thereafter, your solicitor will ascertain the impact of the housing disrepair on your life or living conditions and would give you sound advice on your chances of getting compensation. 

Invariably, the more relevant information provided, the better the chance you have at a successful outcome.

How long will my housing disrepair claim take?

When housing disrepair claims have been made, many landlords act promptly to repair and fix all necessary damages. But if you have suffered severe injury, the case may take as long as months to be resolved. 

In our expeeience, depending on the landlord and resources available to them, a housing disrepair claim case usually takes between 9 – 12 month. This is usually the time frame from initial client conference to when compensation payment is made. 

How is my housing disrepair claims compensation calculated?

A number of factors affect the compensation you can expect from housing disrepair claims. Usually the compensation you get is directly proportional to the type of housing disrepair, the severity of impact and duration of such incovenience and discomfort. 

 One of the basic approach to the calculation of general damages caused by housing disrepair compensation is reducing a percentage of the rent payable. Depending on the severity of your claim, you may be entitled to as much as 20 – 35% reduction  or refund of the rent you paid throughout the duration of your disrepair. 

On the other hand, compensation for special damages which may include damage of personal belongings, also apply.  For example, damages to property caused by mould, damp or leaks could attract certain compensation amounts. 

How we can help

When your landlord refuses to repair your home, you might be subjected to harsh living conditions. We understand the impact this may have on your life as it could seriously affect your quality of life.

If you are a tenant, living in rented property that has fallen into disrepair,  we can help you. Whether you want to get your repairs done at the earliest possible time or claim compensation for extra financial burdens, our housing disrepair claims solicitors offer you a No Win No Fee housing disrepair claim.

We will thoroughly investigate your case, and ensure that your Landlord who has failed to comply with his/ her responsibilities will do so. We will assist you in to claim for disrepair compensation and legal costs.

No Win No Fee Housing Disrepair Claims

The most affordable way to fund your housing disrepair claims is with a No Win No Fee agreement. If you are sure you have suffered a housing disrepair, we will give you the option of claiming compensation on a No Win No Fee basis.

We work with a team of no win no fee housing solicitors who will offer you first class legal support and representation without requesting any upfront solicitor fees. Our housing disrepair solicitors london no win no fee agreement takes out all financial risks involved in pursuing housing disrepair claims.

 

With a No Win No Fee housing disrepair claim, you will only be required to pay a certain percentage of your total compensation should your claim be successful. Conversely, in an event of an unsuccessful claim, you will not be charged any fee by our No Win No Fee housing solicitors. 

Contact us today 

If you are a victim of housing disrepair seeking compensation for all you have suffered in the hands of your landlord, feel free to reach out to us today. You can contact us online or by phone and one of our expert housing disrepair  will be in touch to discuss your requirements for free. 

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