Housing Disrepair Claim Process - Housing Disrepair Claim
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How Long Does A Housing Disrepair Claim Take?

Posted on: Wed Apr 27 | 7:27 AM by: housing

How Long Does A Housing Disrepair Claim Take?

Many tenants are forced to live in apartments that are not conducive for living. The psychological and health impact of living in a house in disrepair cannot be overemphasized. As such, clients who take legal actions against their landlords and housing authorities are anxious to know when their troubles will end for good.

Housing Disrepair Claim Process

Housing Disrepair in Brief

A house is said to be in disrepair when it is not in ideal living conditions and is in need of repairs so as to be safe for living. A house in disrepair will not only cause inconvenience to the occupants but also put their safety and health at risk. Many clients we have represented have had several health issues such as asthma, pneumonia and other respiratory tract infections as a result of extreme cold arising from cold and damp.

Before looking at how long a disrepair claim will take, let us look at the responsibilities of a landlord to his tenants.

Landlord Responsibilities

Disrepair compensation cases arise from landlords failing to carry out their responsibility of putting their property in good state of repair. According to Section 11 of The Landlord and Tenant Act 1985, the landlord is expected to ensure that basic structure and exterior of the residential property are kept under repair. Therefore, the landlord should ensure that the house is free from structural cracks, leaks, damp, mould and condensation, flooding issues, pest and rodent infestation, gas and electricity problems, heating problems as well as water and sanitation issues.

Furthermore, it is expected that a landlord fulfills the requirement of section 4 of the Defective Premises Act 1972 which states the landlords should take responsibility for any damages in the property that causes any form of damage to the tenant’s property or personal injury. 

The Deregulation Act 2015 also requires that landlords provide Gas Safety and Certificates and Energy Saving Certificates of their properties. Additionally, the landlord should also act in accordance with the New Homes (Fitness for Human Habitation) Act 2019, by making sure that the property is suitable for use.

Despite the fact that these responsibilities are well stated in these various acts, landlords and housing authorities have failed and have subjected their tenants to very poor living conditions. In such cases, housing disrepair compensation claims can be made.

How Long Does A Housing Disrepair Claim?

The length of time it will take to successfully make a claim is not fixed but depends on various factors bordering on the complexity of the case. Most minor cases take between 3 to 9 months to resolve. We have even concluded a disrepair case within 2 months.

However, for cases that are not very minor housing disrepair cases, it may take between 9-12 months to successfully complete. Sometimes, Council and Housing Associations carry out the needed repairs swiftly after we have sent them the very first notice.

It all boils down to both parties being understanding and if we can agree to schedule the repairs needed to be carried out quickly enough without having to go to an independent expert or disrepair surveyor, the claims will not take up to 6 months to get resolved.

MAKE A CLAIM

What To Do When You Suffer Disrepair In Your Home

When you are faced with disrepair problems in your home, the first thing you have to do is to speak to your landlord or write to them complaining about the disrepair. Also attach evidence such as pictures of the state of your home in this letter. Give the landlord 2 weeks to respond to your complaint.

You can write again to your landlord if he fails to do the needful and if he fails to acknowledge your complaints and attend to them, you can write to your local council. The local council will reach out to your landlord and pressure him to carry out the needed repairs. They usually help tenants who have complaints on negligence of the landlord to carry out repairs that can cause serious health and safety risks. In certain cases, they may oversee the repairs and afterwards have the landlord to settle with them.

When these approaches fail to yield the desired results and you continue to suffer the disrepair, then you can reach out to our housing disrepair team to help you make a claim for disrepair. When making claims, it is important that you keep copies of all letters written to your landlord and whatever replies you must have received. Pictures of your home are also very necessary to even strengthen your case all the more.

When you write to your landlord, ensure that you include the following. Also make these available while making claims.

  • The type of disrepair you are facing and for how long it has been there
  • Any details of previous discussions with your landlord where they agreed to carry out the needed repairs.
  • Pictures and images showing the severity of the disrepair and how much you have suffered as a result
  • Proof of payments or other financial expenses incurred as a result of the problem as well as any repairs you have had to make out of your pocket
  • Medical report from your doctor if you have suffered any health issue as a result of the disrepair.

Eligibility For Housing Disrepair Claims Compensation

To be eligible for compensation for housing disrepair, you should have suffered some form of inconvenience, damage, property loss or personal injury.

Inconvenience: You should be able to relax and enjoy the comfort of your home and when you are unable to use certain facilities in your home, causing you to suffer stress and discomfort, then you may be eligible for compensation.

Damage/Loss of Properties: when the state of your home has caused damages to your belongings, then you can make claims. For instance, your clothes, beddings or books have been ruined by condensation and mould.

Personal injury: you may also be eligible for compensation where you have been hurt or suffered some illnesses as a result of the disrepair in your home.

Start Your Claim

How Much Compensation For Housing Disrepair?

Note that there are basically two main things you can expect when you make claims.

  • A repair order– here your landlord is mandated to carry out the necessary repairs as you cannot continue to live in a house in disrepair.
  • Housing disrepair claims compensation– your compensation depends on the losses incurred, personal injury and inconveniences suffered. This is usually between 20% – 50% of your annual rent back for the time you have suffered the disrepair 

Example of Housing Disrepair Compensation For Leaks and Condensation

Disrepair: Leaks and condensation for 1 years continuously and damage to possessions.

Rent per month: £1000 pcm

Value of rent for the whole period of the claim i.e. 1 year: £12,000

Compensation at 50%: £6,000

In very rare cases, your compensation can be 100% of your rent. This is where the property is completely uninhabitable. Depending on the peculiarity of your case, your compensation may be between £1,500 all the way up to £10,000.

Contact the Best Housing Disrepair Solicitors

At our firm, we have a passion to see that tenants live in a conducive and safe property and are not subjected to any form of disrepair. This is why we take disrepair claims by tenants very seriously and provide our clients with professional legal advice on how to go about their claims.

We have secured compensation figures of various amounts for different clients over the years and so have links with various housing authorities. This means that the chances that claims will be settled even more quickly is very high with us. Very importantly, we see to it that your landlord carries out the needed repairs and makes your home conducive and safe for you.

We offer you not only a free consultation session where you get to speak with our highly experienced housing disrepair solicitors but also a no win no fee housing disrepair claim which allows you to make your claims with no hidden legal charges and no financial risks.

Our policy of no win no fee landlord negligence claims is an opportunity for tenants who are in distress because of the state of their home to breathe a sigh of relief without the extra burden of having to pay legal fees. 

Our Housing Disrepair Claims Manchester office is open for you to come in during the weekdays and speak with us. We also have other offices in various parts of the UK. Alternatively, you can make use of our Housing Disrepair Helpline and speak with one of our experts to kickstart the process of getting you the compensation you deserve and carrying out the needed repairs.

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