Housing Disrepair Claims Solicitors in Liverpool
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Specialist Housing Disrepair Claims Solicitors in Liverpool

Posted on: Fri Nov 19 | 7:23 AM by: housing

Housing disrepair claims are made by tenants who have suffered from housing disrepair at the hands of their landlords or housing association. If you find yourself a victim of housing disrepair, there are specialist housing disrepair claims solicitors who can help you claim compensation from your disrepair issue. 

 Housing Disrepair Claims

Before we move further, let us shed more light on all there is to know about housing disrepair, as well as how to make housing disrepair claims.

Housing disrepair – summarized

In simple terms, housing disrepair refers to a condition in which a rented property is in need of repair in order for it to be safe and suitable for tenants to live in.

When the condition of a house or flat, rented either through a private landlord or a social housing association, has depreciated or declined in quality compared to its condition at the time you rented – this is known as housing disrepair

Further, damage to or a decline in the quality of the exterior or interior of a house or flat or the entire structure is also regarded as housing disrepair. 

The documents pertaining to a lease or tenancy agreement clearly stipulate whose responsibility it is to keep and maintain the rented place. Failure to do so may result in housing disrepair claims being made. 

Also important to note is that housing disrepair is not just limited to physical deterioration. 

It also includes:

  • Infestations: Infestations from pests can cause stress and disease to you and your family. It is the duty of the landlord to ensure that there are pest control measures in place in order to avoid scavengers from nestling within the walls or under the floorboards of your home.
  • Central heating malfunction: Your hose should be fully equipped with a heating system for your and your fellow tenants’ health and safety. Your landlord should quickly repair the heating system if there is a malfunction. Failure to ensure maintenance if it breaks down could make you and your family ill. If this happens, you can make a claim for disrepair
  • Mould and dampness: Living in a mould and the damp-free apartment is among a tenant’s rights. Mould and damp, if not controlled, can cause chest tightness, throat irritation, nasal congestion, etc if not properly controlled. You may decide to seek compensation for mould and damp. You are well within your legal rights to sue a landlord for mold UK laws are well in support of that.

Other conditions that can be classified as housing disrepair include structural damages, leaks, etc.

Housing Disrepair Claims – Explained

If you are a tenant living in an apartment needing repairs to its exterior and/or interior parts but your landlord fails, for whatever reason, to restore your house to a livable condition, you can make housing disrepair claims against your landlord and seek a housing disrepair compensation.

A housing disrepair claim is a type of lawsuit which involves a tenant taking legal action against their landlord for failing to fix disrepair or damage on the rented property. 

If you have reported disrepair to your landlord and have given them sufficient time to make the necessary repairs, but they fail to do so, or they execute a substandard repair, then filing a housing disrepair claim is the appropriate next step. 
There is a housing disrepair law that defines the landlord’s responsibilities and obligations to the tenant. These are specified under a number of legislations, namely the LTA – Landlord and Tenant Act 1985. This act only applies to tenancies that were entered after 1961. In summary, section 11 of the Landlord and Tenant Act 1985 lays out the responsibilities of the landlord as follows:

  • The property meets necessary fire safety regulations
  • Keep in repair and maintain gas, electricity, water and sanitation installations
  • Handle mould and damp problems
  • Keep in repair the roof and plasterwork
  • Maintain the structure and exterior of rental property, including external pipes and drains
  • Provide efficient security
  • Fix defective central heating and wiring

If your landlord or housing association fails in the discharge of any of these responsibilities,  you can file a housing disrepair claim against your landlord or a housing association disrepair claim against the housing association.

Can I claim for housing disrepair?

If your apartment needs some repair but your landlord fails to fix it, you can make a housing disrepair claim for compensation against your landlord.

For instance, if you have complained to your landlord that your apartment is affected by mould, but they fail to do something about it, you are well within your legal rights to sue the landlord for mould and claim compensation thereafter.

Our housing disrepair claims solicitors can help you achieve this, relieving you of the stressful thought of how to claim compensation from your landlord. 

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How Much Notice Should Tenants Give Their Landlords?

If you don’t inform your landlord about cases of disrepair, then you stand zero chance of getting compensated. It is your duty to inform your landlord either via email, text message, in person, or through a letter 21 days before filing a housing disrepair claim.

However, it’s very highly recommended that you send the notice through email or text message since that will provide you with evidence of the time and date on which the complaint was made. Of course, if they respond within 21 days, it is required that you give them judicious time to execute the repair.

How Is a Housing Disrepair Claim Established?

Establishing a housing disrepair claim is not as difficult as it may seem. However, two factors must be established when filing a housing disrepair claim; they include that:

  • Disrepair Was Foreseeable: This means that the landlord knew that their property was in a state of disrepair, either since they were notified multiple times by the tenant, or they should have reasonably known their property needed maintenance and repairs. Usually, our solicitors handle numerous cases of disrepair claims by tenants bordering on foreseeable disrepair. 
  • The Risk of Damage Was Avoidable: The landlord intentionally failed to fulfil their responsibilities to the tenant to exercise house repairs such as maintaining gas, water, electricity, heating installations, etc. 

Which Damages Can Be Recovered in a Housing Disrepair Claim?

Your family might suffer from health issues and you could be forced to deal with many inconveniences if your landlord or housing association does not fix the property. 

You can claim housing association disrepair compensation against your housing association. Our specialist housing disrepair claims solicitors can help you gain compensation if you have suffered from disrepair. 

They can help you gain compensation for:

  • Damage to Belongings
  • Personal Injury

Disrepair can cause a number of health problems, including:

  • Pneumonia
  • Depression and anxiety
  • Asthma
  • Carbon monoxide poisoning
  • Gastrointestinal issues

If you, your partner or any of your loved one has suffered any health issues due to disrepair, you can claim for:

  • Medical costs
  • Aftercare
  • Medication
  • Pain and suffering

How Much Can You Sue Your Landlord For?

Each housing disrepair case is unique in its own way. Therefore, it is only natural that compensation would depend on the type of claim. The amount awarded as compensation is usually dependent on the severity of the problem and how the disrepair affected you or your loved one personally.

For instance, compensation awarded for pain and suffering cannot be the same as the compensation awarded for damaged belongings. The amount you sue your landlord for can also depend on other factors such as the date at which you first gave notice to your landlord regarding disrepair as well as the evidence you provide.

Can I claim on a no win no fee basis?

Yes, you absolutely can, but unfortunately, not all solicitors offer this service. Here, you’re given the opportunity to claim on the agreement of no win no fee. Housing disrepair solicitors that we provide for you will not charge you a dime throughout the claim process. You will also not incur any hidden charges or bills to be paid throughout the process of claiming. 

You will only be required to pay a contingency fee for the services of your lawyer if your claim is successful. We shall negotiate with you, a certain percentage not more than 25% of the total compensation you receive, to be paid at the end of the successful claim process.

MAKE A CLAIM

Our specialist housing disrepair claim solicitors in Liverpool can help you

If you have made up your mind on claiming compensation for housing disrepair against your landlord, we are here for you. 

We pride ourselves in availing you of the services of the best housing disrepair solicitors in Liverpool and all across the UK. Our solicitors are specialists who have handled many disrepair claims including social housing disrepair claims, council housing disrepair claims, among others. They have helped numerous persons make claims against their landlords in Liverpool and all over the UK.

Our processes are quite straightforward and simple. Also, our no win no fee agreement allows you a cost-free claiming process that ensures zero financial risk. 

You can contact us today through our housing disrepair helpline to help you claim the compensation you deserve.

What is the housing disrepair protocol?

The Ministry of Justice through the Civil Procedure Rules provides a Housing Disrepair Protocol to be followed if a leaseholder intends to bring such a claim. The Protocol describes the conduct that the court will expect the parties to follow in a housing disrepair claim prior to the start of legal proceedings.

The protocol states that to avoid unnecessary delay, particularly where repairs are urgent, it may be appropriate to send a letter notifying the landlord of the claim, before a detailed letter of claim is sent.

How long does it take for compensation to come through?

Once your claim has been settled, your compensation will normally be paid to you quite quickly – usually within 2 weeks to a month. If your case is settled in court, the judge will give a deadline for you to receive your compensation.

Can I claim compensation for damp?

You have a right to live in a safe, habitable place, and if you’ve reported the damp and your landlord has done nothing, you should claim for compensation and ensure the repairs are carried out. Damp, mould or heavy condensation can trigger a range of health issues and damage your home. If this affects you negatively, then you can claim compensation for such.

How much is housing disrepair compensation?

The actual percentage that you will be awarded depends on the severity of the disrepair. A completely uninhabitable property will result in 100% compensation, however, this is extremely rare. Normally, compensation ranges between 25% to 50% of the rent of the property.

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