Am I Eligible to make a Claim? - Housing Disrepair Claim
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Who Can Claim For Housing Disrepair?

Posted on: Fri Dec 17 | 6:38 AM by: housing

Has your landlord failed to take proper action on disrepair in your home? Remember that your landlord is liable to provide you with a safe property that is free from disrepair issues.Tenants have the right to take legal action against a negligent landlord if he fails to fix disrepair. If you suspect that your rented flat has a structural defect, and your landlord refused to take action, you may be eligible to claim compensation from him and get the issue fixed. 

Housing Disrepair

We have a team that specializes in disrepair claims by tenants. We’ll guide you through the step-by-step process, and offer you all the legal assistance you need. They will help you claim compensation and get repairs done if your home is in disrepair. 

What Is A Housing Disrepair Claim?

A housing disrepair claim is a legal action or lawsuit taken against a landlord for failing to carry out repairs in a rental property. If you are a tenant residing in a rental apartment that has deteriorated due to unrepair, you may be entitled to make a disrepair claim to get compensation for damages.

To make a housing disrepair claims, your landlord must have been aware of the disrepair problems in your rental apartment. He must be given a reasonable time to fix damages before you take any legal actions.

Why Make A Claim?

The Landlord and Tenant Act of 1985, outlined the landlords’ responsibilities. Summarily, section 11 of the regulation states that property owners must ensure that:

The structure and exterior of the rental apartment or property is in good repair; including pipes, gutters and drainages.

All installations, including gas, water supply, electricity and sanitary conveniences are perfectly working.

All heating system are kept in good repair. If there is no heating in a rented property, a tenant can claim compensation for no hot water in the UK. If you think you got a claim, find free housing solicitors near you.

What Are The Most Common Types Of Disrepair You Can Claim Compensation For?

Any defects in the structure or exterior of a property can be very severe and the landlord should be notified immediately. But if he refuses to carry out his obligation then you may be able to claim compensation for damages. The most common types of disrepair you can claim compensation for include:

Subsidence: Subsidence can lead to extensive cracking of a rental property. If landlords fail to fix disrepair after informing them severally, then tenants may have potential hdr claims. Subsidence claims can help tenants with proper repairs and they can claim compensation for any inconveniences or losses.

Pest Infestation: One common disrepair issue that can be so humiliating is having pest infestation in your rental home. Exposure to these rodents and vermin can be dangerous to occupants especially to the elderly tenants, children and the sick. If you strongly believe that your landlord is the cause of the infestation problem in your home, disrepair solicitors can assist you to bring your home back to a habitable condition.
Water Leaks Or Flooding: If you are experiencing plumbing issues in your home, it can lead to water damage  which can affect your personal belongings. It must be treated by your landlord immediately to prevent further damage to the property.

Lack Of Proper Ventilation Or Condensation: Improper ventilation and a faulty heating system can lead to condensation. This dampness can also result in mould growth that can affect your health if not corrected.

Electrical Faults: Faulty Appliances such as a broken boiler can be inconveniencing. If you have informed your landlord about electrical hazards and nothing has been done about it, your landlord may have failed in his legal obligation to you. If a letting agent or property management company breached the tenancy contract, our housing disrepair solicitors london no win no fee representatives can help you make a claim.

Leaky Roof: Having Issues with leaky roofs can lead to other serious issues over time if not addressed. It is your landlord’s responsibility to remedy the situation.

Broken Stairs: Broken rails and stairs can lead to trips and falls for you and your family members or visitors. If there are damaged doors or windows this can be a threat to your safety and your landlord should be notified immediately.

Mould Or Damp: It is the duty of landlords to ensure that your rented flat or property is free from any condensation that can cause dampness. Dampness is caused by water leaks or vapour within your home. Mould and damp problems in your apartment can damage your personal property and also have an adverse effect on your health and the well-being of members of your household.

Blocked Drains: Having problems with blocked drains? This can be quite severe especially if you can’t use the kitchen sink or bathroom. Your landlord must be aware of this problem as soon as possible because it is his duty to fix it within a reasonable amount of time. If he fails to comply, then you can take legal action against him.

Who Can Claim For Housing Disrepair?

All property owners and letting agents have a legal duty to keep the structure and exterior of their apartments in good standard. Therefore, renters living in poor conditions, whose homes are in disrepair can make housing disrepair claims. 

Tenants or renters who have experienced inconveniences or stress because their home makes them ill, can also claim for housing disrepair to get compensation.

If you are a renter living in a property that has fallen into disrepair, you may have a claim against your landlord. When a negligent landlord fails in his duty to keep your home in good condition, tenants claim for disrepair.

Living in such poor conditions can cause damage to your personal property or health. You may be entitled to claim compensation and get repairs fixed, if you have given your landlord enough notice and time to fix damages. If your landlord ignored you then you can take legal action against him.

MAKE A CLAIM

How Is A Housing Disrepair Claim Valued?

If your apartment is in need of repair to be considered safe for habitation, it could result in damage to your personal property, personal injury or other health problems. The final compensation award you might receive depends on the severity of the damage caused by disrepair. 

Usually, compensation is calculated based on a percentage of your rent payment. It ranges from 25% to 50%of the rent. However, a claimant may be able to get 100% compensation if the rental property is completely in bad condition or unliveable which could be rare.

What Can You Claim In Compensation?

To be eligible for compensation payment, your property must have been in bad condition and the landlord has refused to do something about it. When bringing a Housing Disrepair claim, you can claim compensation for so many reasons especially to recover damage or losses.You can claim compensation for the following:

Personal Injury: You can make a personal injury claim for any health problems caused by disrepair such as mould growth. The compensation amount will depend on the severity of your injury and how long you suffered disrepair. You may also be able to recover medical expenses incurred during your injury.

Damage To Personal Property: You could receive compensation if your personal belongings have been destroyed or ruined by mould or damp. You may be able to recover the cost of replacing damaged items or the cost of repairing them. You must prove that there was a damage to your personal belongings by taking photos of damages or showing receipts of the items you had to replace.

Compensation For Inconveniences: You can claim for any inconveniences caused by housing disrepair if you had to move out of your property or were unable to sleep due to mould issues. You need evidence to claim compensation for damages. Speak to our housing specialists and they will explain further what you could claim. 

How To Claim Compensation From Your Landlord

If the damage in your home has occurred due to your landlord’s negligence, you could take legal action to get the compensation you deserve as well as get the landlord to make repairs. 

  • Find Out The Type Of Disrepair Issue.
  • Gather Evidence Of Disrepair.
  • Notify Your Landlord.
  • Get In Touch With Your Local Environmental Health Department.
  • Try A Mediation Service.
  • Seek Legal Advice.
  • Begin The Claim Process.
  • Funding Your Claim.
  • Negotiating Settlement.
  • Go To Court.
  • Claim Compensation.

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What Type Of Funding Is Available For A Housing Disrepair Claim?

If you are thinking of making a disrepair claim, there are various funding options available for housing disrepair cases. One way to fund your claim is through a no win no fee agreement. However, this type of funding may not be available for all cases. Our team will listen to your case to know if it falls under the conditional fee arrangement.

A conditional fee agreement is a risk free way of bringing a Housing Disrepair claim against your landlord. If your claim is successful, you may be required to pay a success fee as a percentage from your final compensation. Don’t worry if you are not eligible to claim on no win no fee, a solicitor will discuss other funding options that may be suitable for your case.

Find Out If You Can Make A Claim Today

It can be very stressful when a negligent landlord refuses to make repairs in your rental property. We clearly understand how poor living conditions can affect your well-being and day to day activities. It can be so devastating to stay in such deteriorating conditions due to negligence in carrying out repairs by your landlord.

Our team specialize in helping and defending renters who have suffered due to unrepair, particularly claiming against housing associations and local councils. We know that claiming compensation for a house in a state of disrepair may seem distressing at first, but our specialist housing team will help you simplify the process.

We have a team of the best no win no fee solicitors liverpool and experienced council housing lawyers. Find out if you are eligible to make a claim from our housing disrepair solicitors. Call the housing disrepair helpline to speak to a housing specialist today.

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