Housing Disrepair Helpline - Housing Disrepair Solicitors
Posted on: Wed Sep 22 | 3:38 AM by: housing

A Complete Guide On How To Sue Landlord For Mold In The UK

Has Your Landlord Failed To Keep Your Rental Property Safe From Mold?

As a tenant, you have a right to live in an environment that is free of molds, and every landlord must ensure their property is safe to rent. If you have been affected by severe damp causing mold in your rental property, here is a guide to claiming compensation from your landlord. Contact our no win no fee housing solicitors for legal advice.

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In this simple guide, you will understand all you need to do to ensure repairs are fixed in your home and mold problems are addressed. If you need to complain about a negligent landlord, follow the procedure outlined in this article as you read on. We have a team of the best housing disrepair solicitors willing to take you through the step-by-step process of how to sue your landlord for mold in the UK.

What Is Mold?

Mold is a type of fungus that appears in a moist environment that grows on any damp surfaces around your house, whether indoors or outdoors. Mold can grow anywhere in your apartment where there has been moisture, such as ceilings, walls, fabrics, wood, plastics, books, shelves, shoes or even glass. 

Mold is a common disrepair issue in the UK, and when left untreated it can damage your personal belongings indoors as well as deface the external outlook of your home. Most disrepair claims by tenants arise from untreated damps in the property. Find no win no fee solicitors for property damage if your personal property has been affected by mold.

The landlord is responsible for most repairs in his property including issues with dampness and mold. However, some homeowners may turn a blind eye on addressing mold problems. The lingering effects of mold can be devastating to occupants and this is one common reason they end up suing their landlord for housing disrepair.

New Legislation For Mold And Damp

You deserve to live in a mold free zone. If your Landlord is liable for your mold problems, yet failed to address it after your complaints, you may be entitled to claim compensation. We’d let you know if you can proceed with your mold claim, get in touch.

The New Fitness for Human Habitation Act: 

This law was introduced in 2019 which obligates landlords to make their rental properties fit for human habitation throughout the period of their tenancy. Under this legislation tenants have the power to sue a negligent landlord if their property is unsafe to stay.

Common Problems That Result From Mold

About 37% of rental properties in the UK  are affected by mold and damp including social or council housing. If a rented home has been severely affected by mold issues it’s totally unsafe to live in, as it can have a negative effect on your health. 

Housing disrepair claims can help tenants to get compensation for any health issues resulting from mold or damp left untreated by a negligent landlord. Spores can form mold if broken pipes, leakages and condensation or vent issues are not fixed. Some common problems caused by mold may include:

  • Allergies: Prolonged exposure to mold can cause allergic reactions to occupants.
  • Other Respiratory Problems: Mold can trigger a lot of health issues like asthma, infections, Rashes, difficulty in breathing and other irritations. To prevent mold moisture must be controlled from thriving in the interior part of your rented property and ensure there is enough ventilation inside your house.
  • Mental Strain: Mold should be treated quickly because it is not only bad for your physical health but can affect a tenant’s mental and emotional wellbeing.

Who Is Responsible For Mold In Your Rented Apartment?

Mold is a common disrepair issue in the UK. It results from condensation from damp; and who is liable to deal with mold issues in a rented apartment? According to the  Housing Health and Safety Rating (HHSR), mold is a serious disrepair problem which can threaten the lives of tenants. The landlord is responsible for most repairs in his property including issues with dampness and mold. 

Your landlord is responsible for keeping you safe. If they have failed in doing so, let us know and we will help by sending our expert to assess your home. They will record all the issues which threaten your health and safety, and we could help you begin your claim. The landlord’s responsibility for mold in rental properties include: 

  • The Landlord Is To Ensure A Rental Apartment Is Properly Ventilated.
  • The Landlord Is To Maintain Roofs, Drainages And Any Structural Defects To Avoid Leakages That Result In Damp.
  • Landlords Are To Also Check All Plumbing Systems In The Property To For  Good Working Condition.
  • Addressing Water Damage Issues Timely.
  • They Should Also Repair Any Rusty Window Frames To Avoid Mold Growth.
  • The landlord Must Fix Or Replace Any Damaged Damp Proof Course.
  • Landlords  Are Expected To Improve The Condensation Of The Apartment.
  • Landlords Are Responsible For Installing Heat Extractor Fans Before They Let Their Apartment Out To Prospective Tenants.

START A CLAIM

Mold: What You Can Or Can’t Sue Your Landlord For?

Do you think you have a claim for disrepair? You can claim compensation from a housing association or private landlord if they fail in their legal duties. Find out how we can get your landlord to fix your mold issues and also recover  compensation for the damages it caused you and your household.

Under section 11 of the Landlord and Tenant Act 1985, Landlords are liable to fix any structural defects including issues with mold. However, tenants can be held responsible if indoor condensation is caused by them. 

So, you can’t sue your landlord for mold caused by your lifestyle in the apartment. Tenants can be liable for mold and damp if they fail to maintain indoor condensation which could be caused poor ventilation such as:

  • Leaving Excess Water On Bathroom Floors.
  • Cooking In A Stuffy Kitchen Without Opening The Vents.
  • Taking A Hot Shower Without Opening The Windows.
  • Drying Wet Clothes Indoors.
  • Improper Heating System On Cold Days.
  • Not leaving Spaces Between Walls And Furniture.
  • Not removing any visible mold with a mold cleaner in your home before it spreads further.

It may be difficult to know whether or not mold in a property is caused by poor ventilation from the tenants lifestyle. Therefore, to determine the cause of mold in a property the landlord would get experts to carry out an inspection. 

If the mold isn’t the tenants fault then he would fix the damages and repair affected areas. But if the landlord refuses to deal with the mold issue in your apartment after reporting to him, our housing disrepair solicitors can get you the legal support you need.

Important Things To Note When Suing Your Landlord For Mold UK 

  • You Are Liable For Minor Repairs.
  • You May Also Be Responsible For Mold Caused By Your Lifestyle In The Rental Property.
  • Your Landlord Must Be Liable For Your Mold Problems, Yet Failed To Address It After Your Complaint.
  • You Must Notify Your Landlord Again.
  • You Don’t Have A Claim If Your Landlord Is Not Aware Of The Mold Problem Or Any Other Disrepair Issues.
  • You Must Give You Landlord Sometime To Carry Out Repairs.
  • Your Landlord Can’t Evict You For Asking For Repairs, Or Proper Maintenance Of Mold Problems.
  • You Must Have Reported Mold Problems With Your Local Environmental Health Department, If Your Landlord Ignored Repairs.
  • Is Your Family’s Health At Risk? Contact Our No Win No Fee Housing Claim Solicitors If You Have Reported Issues Without Any Response From Your Landlord.

MAKE A CLAIM

Steps On How To Sue Landlord For Mold In The UK

Your Landlord has an obligation to keep your apartment safe. If he has failed in his duty, we can have one of our housing disrepair claims solicitors access the situation of your home. They can help you start your claim if the issue poses a risk to your health and that of your loved ones.

  • Report To Your Landlord: After informing the landlord verbally, also send a written note or email to him about the state of the property. Your landlord has within 14 days to respond. 
  • Contact Our No Win No Fee Housing Solicitors For Legal Advice: No win no fee housing solicitors can help tenants with a claim for disrepair, and can also guide them on how to claim compensation from their negligent landlord. 
  • File A Complaint: Our no win no fee housing solicitors can help you through the complaint procedure to get compensation for injury and damage caused by mold.
  • Property Inspection By Your Local Environmental Health Department: If Your Landlord won’t fix mold and damp problems, Report issue to your local environmental health department immediately.
  • Gather Proofs: To support your claim against your landlord ensure you have the pictures of the damage done to your home, medical reports if mold caused any health issues, receipts of medical treatments or medications.
  • Legal Notice To Your Landlord: Your solicitor will then send a notice to your landlord on your behalf and wait for his response.
  • The Landlord’s Response: If the guilty landlord accepts his negligent behaviour then the issue may be resolved timely. On the other hand, if he doesn’t own up to his actions further legal actions will be taken.
  • Value Your Damaged Personal Possessions: In claiming compensation from your landlord, our housing disrepair solicitors London, no win no fee legal representative will factor in your injuries and property damage cost. They will ensure you get full compensation.
  • Pursue Compensation Settlement: The amount of compensation award you received will be calculated to ensure nothing is left out. Contact our no win no fee housing solicitors to get started.
  • Get Repairs Done: Once a settlement is reached, the law ensures that the landlord will make the property fit to stay by replacing damages or fixing disrepair.
  • Try Out A Mediation Service: Try out a Mediation Service before you go to court.
  • Start Court Proceedings: Depending on the severity of damage to your home or health, a case can linger and lead to court where a Judge decides on the outcome of the case against your landlord.
  • Claim Compensation: Claim all the compensation you deserve if you win the case.

Get No Win No Fee Legal Support Today

Want to sue a negligent landlord? If you think you have a claim for disrepair, we have a team of no win no fee housing disrepair claims solicitors who have helped tenants recover damages caused by landlord negligence. 

They provide tenants with free assessment of their claims. If they think you are eligible, they will then take on your claim on a no win, no fee basis. If you call our housing disrepair helpline, be reassured they will do all they can to support you to sue your landlord for mold UK.

For FREE housing advice, call

Call Us 0800 999 7440
Posted on: Thu Sep 9 | 10:26 AM by: housing

A Complete Guide On Housing Disrepair Helpline

Do You Live In A Social Or Private Rented Housing?

Has Your Landlord Failed To Carry Out Necessary Repairs? We can help, if you call our housing disrepair helpline today.

If you’re thinking about making a legal housing disrepair claim against your landlord, here’s a complete guide to the housing disrepair helpline. If your rental property is in disrepair and your landlord has refused to fix damages, call our housing disrepair helpline to speak to one of our no win no fee housing solicitors. 

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Your landlord is obligated by law to ensure your rented home is fit to live in by completing necessary repairs. If you have reported the issue and believe you have a valid housing disrepair claim against a landlord for lack of repairs, we are willing to look into your case if you call our helpline.

What Leads To Housing Disrepair?

Most housing disrepair by landlords result from poor Maintenance. We all deserve to live in a healthy environment that is free of hazards. No one can be comfortable living in a poorly maintained property but unfortunately disrepair gets worse overtime, and can lead to more injury.

Poor maintenance could lead to a number of health problems including, emotional trauma such as anxiety and depression, trips and falls, carbon monoxide poisoning, asthma, pneumonia, gastrointestinal problems or electrocution from faulty wiring.

Housing disrepair compensation claims require enough evidence. For housing disrepair claims manchester or across the UK, a tenant must be able to establish that:

  • The apartment is in a dilapidated condition.
  • The Landlord ignored repairs after contacting him severally. This may include letters, emails or voice messages.
  • The current living condition affected the quality of your life and that of your loved ones.
  • The disrepair directly caused your illness, injuries or mental strain.
  • The items to be replaced got damaged as a result of delayed repairs. Evidence needed to advance in your claim must be provided, such as pictures, medical bills, receipts etc.

Making A Housing Disrepair Claim Against Your Landlord

Housing disrepair happens when the condition of your rental property deteriorates and becomes unfit to dwell in, and possess a threat to you and your family. A disrepair may be either an issue with the interior or exterior of the property or both. It could be problems with mould or damp, insect infestation, electrical hazards, drainage or plumbing issues, broken stairs or elevators that may lead to home accidents, etc.

Once you have complained to your landlord or reported issues with no timely renovations or repairs, a tenant can take legal action. If your repairs are overdue, we can help you with making a housing disrepair claim. In processing your claim, our housing disrepair solicitors London no win no fee will offer the best legal service if you are eligible. You can claim using our housing disrepair helpline.

START A CLAIM

Steps To Dealing With Disrepair In Your Rental Home.

Tenants can make a claim against their landlord during or after their tenancy period. In a housing disrepair claim, the total compensation you receive will depend on the seriousness of your injury or damages, for instance trips and falls from unsafe stairway or other dangerous home accidents that lead to loss of life may incur higher compensation award.

  • Identify The Disrepair: Identify disrepair and ensure that your landlord is liable for them. A landlord will not be responsible for damage caused by tenants.
  • Report Disrepair Problems To Your Landlord: This is the very first step as you won’t have a valid disrepair claim if the landlord isn’t aware. Once the issue is reported, give him time to remedy the situation. Tenants have within 6 years to make a housing disrepair claim, except when it involves a personal injury then you can claim within 3 years. You could begin  by making a verbal request.
  • Submit A Formal Complaint: Submit a formal complaint to your housing association or private landlord. If the landlord ignores you for no reason, then make a formal complaint by sending a written note or email stating the exact repairs, and explaining the effects the dilapidating condition has had on you or your loved ones. This should spur him into action else you could take legal action against him if he refuses to fix repairs.
  • Contact Your Local Council: Try reaching out to your local council who can instruct your landlord to carry out immediate repairs.
  • Contact Our Housing Disrepair Helpline: If you do not want your local council to handle your disrepair claim, contact our housing disrepair helpline on 0800 999 7440 and we can make a claim on your behalf.
  • Choose A Solicitor: Find the right disrepair claims solicitor or we can assign one to you if you decide to take legal action against your landlord.
  • File A Lawsuit: A claim is filed on your behalf if you are eligible and your negligent  landlord will be issued a warning notice.
  • Notify The Landlord Or Housing Association. The lawyer will notify the landlord on your behalf.
  • Gather Evidence To Support Your Claim: Evidence needed to advance in your claim must be provided, such as pictures, medical bills, receipts etc.
  • Negotiate Settlement: Our solicitors will try to resolve the issue out of court and ensure he helps you get full compensation for damages.
  • Proceed To Court: A large percentage of claims are settled out of court if the landlord takes responsibility for his actions.
  • Seek Expert Testimony: Seek Expert opinion that can prove that the devastating effect of housing disrepair on occupants can lead to ill health.
  • Get Maximum Compensation: If the court rules in your favour, then you will be awarded full compensation.

MAKE A CLAIM

What Tenants Can Claim In A Housing Association Disrepair.

Tenants can sue a housing association or private landlord for any injuries caused by disrepair and can claim compensation for damages. Disrepair claims by tenants may not be valid without sufficient proof to support it. Compensation amounts differ for disrepair claims but could be higher if a rented apartment is infected and serves as a threat to occupants with young children. You can claim compensation for the following:

  • Damaged Properties: You can claim compensation for any damages done to your personal properties such as clothing, carpets or appliances that were destroyed due to electrical defects. Claims for disrepair require proof that your personal belongings were damaged and your living conditions deteriorated.
  • Inconveniences: You can claim for inconveniences caused by daily living conditions. Money awarded for any discomfort may be calculated as a reduction from your next rent or could receive a cash sum for the period of time you suffered disrepair.
  • Personal Injury: If the unbearable condition of your rental property has lead to an injury or your loved one fell ill due to disrepair, you may be entitled to compensation. For instance, you can be compensated for ill health if you sue your landlord for mold uk
    Mold growth in your apartment can cause a number of health issues if not addressed on time. You can compel the landlord to complete repairs and also compensate you for pain and suffering, injuries, damage done to emotional wellbeing and hospital bills incurred during treatment.

  • Other Expenses: You can receive money for other expenses such as loss of wages, cost of moving into another property or money spent if you had to carry out some repairs yourself. All other expenses not mentioned can also be factored into your claim depending on the extent of damages like cost of physiotherapy if applicable.

Generally, you can claim compensation for any structural defects, damps and mould, lack of heat and cooling system, broken stairs, doors and windows claims etc. Contact us for a no win no fee housing disrepair compensation claim and our solicitor will help you through the process, from the start to finish of your case.

Get Help, Contact Our Housing Disrepair Helpline Today

You don’t have to be at the Mercy of your landlord when you can seek justice. We have a team of the best housing disrepair solicitors, who have helped many tenants to get justice across the UK. Our housing disrepair solicitors no win no fee funding option gives every tenant the opportunity to seek justice and fix their home repairs.

When You Call Our Housing Disrepair Helpline, We Will:

  • Access Your Claim.
  • Give You Initial Free Advice.
  • Go Through Your Tenancy Agreement.
  • Inspect The Poor Condition Of Your Home.
  • Prepare A Specialist Report.
  • Gather Evidence.
  • Contact A Surveyor To Spot Needed Repairs.
  • Contact Your Landlord To Fix The Needed Repairs Within A Given Time.
  • Attempt To Negotiate Maximum Settlement For Your Disrepair Claims Out Of Court.
  • Follow Court Proceedings.
  • Assign One Of Our Housing Disrepair Solicitors To You.
  • Ensure Repairs Are Completed.
  • Help You Get The Maximum Compensation You Deserve By Factoring In Damages And Injuries Incurred.

For FREE housing advice, call

Call Us 0800 999 7440
Posted on: Tue Aug 10 | 7:21 AM by: housing

Landlord Maintenance Responsibilities For Damp and Mould

What Exactly Is Housing Disrepair?

Housing Disrepair occurs when a rented apartment is unsafe to live in as a result of damages from lack of repair. The apartment you live in must be of good standard and free from all health risks. Housing disrepair can cause tenants a lot of inconveniences.

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Sometimes due to Landlord’s negligence the structure of the building can be affected which can cause discomfort or injury to the occupants. If you live in a rented accommodation it is the duty of your landlord as required by law to repair  any structural damage including damp and mould.

What Is Increasing Damp And Mould?

A damp is caused by too much moisture that retains water in the building, causing black moulds to form on the walls of the apartment. Damps are classified into three main parts, including rising damp, penetrating damp and condensation. 

Rising damp conditions can be detrimental to the health of the occupants especially if it is not repaired immediately. Damps are very rampant in most UK houses.

Damps happens when:

  • There is accumulation of warm moist air or lack of ventilation. Steams can accumulate to form damps if there is no provision for outdoor air to get in.

    Moist air can come from cooking, hot baths and colder rooms. It can affect walls, furniture, brickworks or even your basement. 

  • Usage By Tenants. This kind of damp issue may arise due to the lifestyle of the tenants in the apartment which may sometimes be their fault and not the landlord’s.
  • Roof Tiles Are Broken.
    Broken roof tiles can cause water to be absorbed, penetrating into walls and other areas in the house.
  • There Are Broken Pipes or leakages and No Guttering where water gets through. 

Effects of Mould and how to deal with It

Mould is a fungi that poses a health risk such as infection, allergies and other injuries. It rises when the humidity in the atmosphere is high. The difference in temperature can sometimes cause Mould to appear in parts of the building. 

When water soaks up, it triggers the growth of mould. Report issue immediately to have it treated to avoid spread to other parts of the building.

  • Health Risk.
    It can be harmful to tenants. Moulds must be removed immediately to avoid further spread and health risk. Mould exposure can lead to various respiratory problems, infections & other allergies as studies have shown.
  • Discoloration of walls and bad smell. Moulds can deface your property unless it is properly cleaned out. A replaster and other renovations may be required. 
  • Reduces property value. Damps and moulds can reduce the value of your property by thousands. If a landlord is looking to get more value for their property then they must invest in getting an expert to correct the problem.

Landlord Maintenance Responsibilities For Damp and Mould

Do you know that treating damp issues in your property is a compulsory repair? Your home must be safe to live in and your landlord is responsible for maintaining the damp and mould in your rented property. 

If a damp problem is not addressed on time, it may result to mould which can affect your health. Sometimes it may be difficult to identify the root cause of damp problems especially if it is caused by careless usage by the tenants.

Your landlord’s duty is to ensure your property is free from any disrepair issues like damps and Moulds.These responsibilities are backed by legal obligations that state the landlord’s Maintenance responsibilities For Damp and Mould. 

  • Fix broken roof tiles.
  • Repair Holes and cracks in the building.
  • Open gutters and drainage.
  • Treat Rust and cavities.
  • Address Plumbing, leaking & sweating pipes.
  • Fix Faulty gaskets and outdoor insulation.
  • Replace valves and rubber seals.
  • Correct water risks. Stop water from entering the apartment.
  • Repair a bad heating system.
  • Fix Peeling walls and ceilings.
  • Renovate flaking walls.
  • Landlord must ensure there is good ventilation in the apartment.
  • Ensure correct diagnosis of the problem caused by rising damp and penetrating damp conditions.

For FREE housing advice, call

Call Us 0800 999 7440

Does The Landlord And Tenant Act Of 1985 affect damp?

It is the responsibility of the landlord to ensure measures are put in place to correct damp and Mould issues. These obligations for repair are highlighted in section 11 of the landlord and tenant Act of 1985. 

  • It states that all structures must be kept in good working condition. So damps are also exterior issues that affect the entire structure of the building. When not treated and it forms moulds, then it is an issue with the structure as well and can cause health problems to the occupants.
  • According to the 2004 housing act, the external structures of an apartment include: The roof, doors, walls & windows outside the building etc.

How To Claim Compensation From Your Landlord?

A tenant can claim for housing disrepair and even sue their landlord for poor living conditions. Depending on the severity of the problem a compensation can be given to you. Housing disrepair problems are unique to every tenant depending on the result of injury caused. 

If your landlord has failed to repair damps and it has resulted to Mould issues that poses a threat to your health there are several ways to make a claim.

  • Discomfort.
    You may be eligible for compensation for housing disrepair if the damage caused inconveniences for you and your family members.You Landlord may be liable for all inconveniences caused by negligence on his part. A standard living condition should not cause any discomfort to inhabitants.
  • Damage To Personal Property.
    If it causes damage to your personal belongings like furniture in the apartment then you can take legal action after reporting the problem to your landlord or local council. If the landlord is aware of Mould or damps but is reluctant to treat it as an emergency then you can seek advice from an expert solicitor here
  • Personal Health Risk.

    If it affects your physical, mental health then you can make a claim. With a written report from a health practitioner, a tenant can make a  claim against a landlord.

START A CLAIM

What Is A No Win No Fee Housing Disrepair Claim?

A no win no fee housing disrepair claim is a legal service where the claimant is not required to pay upfront for a case. You can claim for housing disrepair caused by  damps and moulds.

At housing disrepair claim we offer a no win no fee housing disrepair claim. Our no win no fee solicitors property damage can help you get compensation for your housing disrepair claims. We can give you a free claim assessment when you call our helpline today 0800 9997 440

MAKE A CLAIM

Who Can Help With My Housing Disrepair Claims?

Professional solicitors can fight for you if there is any negligence on the part of the landlord or housing association in your locality. We can help you claim for the compensation and justice you deserve.

Find The best housing disrepair solicitors, call our housing disrepair helpline today  0800 9997 440.

We are a no win no fee housing disrepair claims solicitors available to work you through the process by providing the legal support you need.

What is housing disrepair claim?

Housing disrepair claims have to do with legal action taken by a tenant against a landlord for failure to repair damages. At housingdisrepairclaim.co.uk we give you the best advice on how to lay your claim.

Can I sue my landlord for unsafe living conditions?

YES, especially if your landlord is aware of the problem. Neglect can cause harm to your wellbeing so be sure to report the issue to him again or call our friendly solicitors for the best advice 0800 9997 440

Can I get compensation for Mould issues in my rented property?

Yes, our experienced housing disrepair solicitors can help you make a claim.

What Is A No Win No Fee Housing Disrepair Claim?

A no win no fee housing disrepair claim is when you are not required to pay a fee until you win the case.

Does my insurance cover damp?

Maintenance issues may not be covered in Landlord insurance.

Posted on: Thu Apr 22 | 6:17 AM by: housing

What Are Housing Disrepair Protocols ?

Housing Disrepair Protocols

Usually, in most tenancy agreements or leases the landlord is responsible for repairing and maintaining the exterior structure and common parts of a building. Even if this is not spelt out in your agreement, landlords are generally required by the law to ensure that homes are safe to live in. 

Tenants on the other hand are expected to use their homes in a tenant-like fashion by keeping the home in a good state of repair. For example, keeping the house reasonably clean, using fixtures in the home properly or handling minor repairs themselves.

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Housing disrepair should normally not result in any dispute if landlords, as part of their responsibility, comply by carrying out repairs when needed.

What is housing disrepair?

Housing disrepair basically means a rented home or any other rented accommodation that needs repair for it to qualify as safe and habitable for tenants to live in. If you are living in a rented accommodation that requires repair, you could seek compensation for the inconvenience. This is typical in situations where the landlord has acted negligently and failed to keep to his own side of the agreement(fixing repair problems)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What is a housing disrepair claim?

A housing disrepair claim is a type of lawsuit that usually involves a tenant taking legal action against the landlord for failing to fix damages on the rented property. If you have reported or made a complaint to your landlord about the disrepair, and you have given him enough time to fix it, and he still ignores you. Then making a housing disrepair claim is the appropriate thing to do. You should never have to put up with degrading or unhealthy living conditions.

start a claim

What does Housing disrepair protocol entail?

Housing disrepair protocols basically describe the action that the court expects each party to follow in the housing disrepair claim before proceeding to the court. The reason for this is to enable the interaction between them and hopefully allow them resolve the issue quickly. 

Prior to a claim, the tenant is required to send a letter to the landlord called an early notification letter, warning them of possible court action. Thereafter, the tenant will give the landlord a reasonable amount of time to work on the complaint. The landlord has 20 working days to respond. If the response is not satisfactory, or the problem is not resolved, the tenants can now apply to the county court. 

A letter of claim should contain the following:

  • The tenant’s name, address of the property, address of the tenant if it is different from the one in the dispute, contact telephone number.
  •  Detail of the effects, including defects outstanding
  • A detailed history of the defects, and also any attempt to rectify them
  • Details of any notification previously given to the landlord
  • The effects of the defects on the tenant including any personal injury claim
  • The name of a proposed expert
  • The proposed letter of instruction to the expert (there is usually a standard letter in the protocol)
  • Details of special damages (the tenant should by payment of compensation be put back in a situation he would have been in if there was no breach of the lease)
  • The tenants disclosure to any relevant document that is readily available
  • Request disclosures from the landlord of all documents relevant to the disrepair.

The Landlord’s Response

The normal time limit for a response from the landlord is 20 working days of receipt of letter of claim. The landlord’s response should enclose details of all relevant records or documents and response to the tenant’s proposal about the expert. If after the time limit there is no response from the landlord, legal proceedings can be issued as soon as the tenant has enough information to help them do so.

Admission or denial of liability 

Whether within the landlord’s response or within 20 working days of receiving the expert’s report the landlord should:

  • Indicate whether liability is admitted or disputed
  • Make any allegation about lack of notice or difficulty with access
  • Send a full schedule of intended works with anticipated start and completion dates and a timetable
  • Make an offer of compensation and cost
  • Experts and the protocol

There are detailed stages in the protocols regarding instructions of an expert. Both the landlord and the tenant should attempt to agree on a single expert. Where this is impossible, a joint inspection by their individual experts should be agreed.

Cost and the protocol

If the housing disrepair issue is sorted out before going to court through the use of the protocol, the landlord should pay the tenants cost and expenses within reason. Just like all legal matters, the court expects legal action to be the last option, so consideration of Alternative Dispute Resolution is seen positively. Alternative Dispute Resolution could include mediation, attribution or early neutral evaluation

Housing Disrepair solicitors

At Housing Disrepair Claim, we work with some of the best housing disrepair solicitors available. They have a lot of experience in defending the rights of tenants for a very long time. We understand how disruptive it can be when a landlord refused to repair faults or hasn’t kept to the lease agreement. We also   understand the impact that this might have on you and your loved one and that is why; we make sure you get quick results wherever possible. 

Our housing disrepair lawyers can help you re-claim your rent and any cost you have spent in repairing your rented home.

Housing disrepair is not limited to only physical deterioration. It can be rat infestation, mould problem, broken boiler, or leaking gutter to mention a few. Whatever the problem that prevents you from enjoying your rented home our team of experienced solicitors and surveyors are here to help you and guide you to ensure that you are compensated for what is your right. 

No Win No Fee agreement  

One of the advantages of working with our solicitors is that they offer their services on a no win no fee basis for tenants. We are well aware that a lot of people living in properties that are in a state of disrepair may not be able to afford to pay the legal fees required to do all this work. Oftentimes, these persons are seen enduring poor living conditions as a result.

A No win no fee housing disrepair means that you do not have to pay until we recover all cost from the landlord. Our solicitors will take a percentage fraction of any compensation received. Our initial evaluation of the property will give you a good idea of whether or not we are going to be successful or whether we would wish to proceed with the case. If we take on a case, and we are successful, that is the only time you are required to pay. Likewise if we are unsuccessful, you do not owe us anything. 

You can also claim for items that are damaged or destroyed because of poor conditions or during repair works, in this case you will be covered by the no win no fee solicitors property damage.

How to claim compensation from your landlord? 

   The first thing to do if you want to claim compensation for housing disrepair is to have an initial interview via telephone with your solicitors. Thereafter they will come to the property to inspect it themselves. This is so that they can make quick and accurate assessment of the property and inform you on whether or not you have a valid claim. 

If you choose to work with one of our housing disrepair solicitors, you can be rest assured to have a successful case as we have recorded a very high success rate over the years. 

The next step is for us to write to your landlord informing them of the make the necessary improvement to the property. Additionally, they will be informed that if they do not make necessary work, then they will be taken to court where they will be given an order to those improvements, and also compensation for you and your family. 

When it comes to compensation, this is basically calculated by the nature and degree of the disrepair and also by the length of time in which it has persisted. It is important to note that taking action against a landlord does not in any way affect your tenancy. Your landlord does not have the right to evict you or take any other action against you if you complain about disrepair or if you instruct solicitors to help you take legal action. Your landlord can only take action against you if you breach your tenancy conditions and agreement.  

 Contact us today 

Feel free to fill our free assessment form with the details of your issues and we will get back to you within 24hours to discuss how we can help you. Alternatively, you could give us a call on our housing disrepair helpline and we would be on hand to attend to all your queries.

Don’t live in disrepair when you can always get repair!

 

Posted on: Fri Apr 16 | 6:46 AM by: housing

Housing Disrepair Claims & Compensation Solicitors in London

Housing Disrepair Claims

You have a legal right as a tenant to live in a home that is not dangerous and free from any issues of disrepair which can tend to harm you or your family. If you are living in a rented property that has been poorly maintained or not maintained at all and your landlord has been complacent about the disrepair even after reporting the issue, you might have to consult a housing disrepair solicitor to give you paid or free landlord advice.

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Court action should be the last resort after negotiations, deliberation and dialogue has failed to yield positive results because court action can be costly and time consuming.

This article elucidates more about what disrepair is all about, what is involved in soliciting for compensation, evidence you will need, and what jurisdiction the court has over the case.

In the United Kingdom, there are laws that pertains to tenancy and housing which are applicable if you:

  • Rent privately
  • Rent from a housing association
  • Rent from a local council/authority

It is the responsibility of the landlords (be it housing association, private, or council/local authority) unless otherwise stated, to make sure that their properties are secure, safe and free from disrepair. However, a tenant has the right to make claims against landlords if the landlord refuses to take responsibility for the disrepair thereby making the tenants live in potentially unhealthy and dangerous conditions.

As a tenant, you can take legal action against your landlord with the help of housing solicitors near you (in the form of a housing disrepair claim). This is applicable, if you feel your property is in a state of disrepair and you have already discussed the issues with your landlord, and he/she/they have not been able to resolve the issue within a reasonable time after making your complaint.

If you are a tenant living in social housing or you are a council tenant and your home is in a state of disrepair, you may also be eligible for some financial compensation if you have suffered as a result of the housing issues you have faced. Also there are council housing solicitors also known as council tenant solicitor experts that will be able to support you in making a claim to get your home returned to a habitable condition.

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 Meaning of Housing Disrepair 

Housing disrepair is a condition whereby a rented property is not structurally safe and suitable for a tenant to inhabit and needs to be fixed by the landlord as required by law. The failure of your landlord to maintain the structure and exterior of the property can cause water damage, a faulty boiler or structural problems. Other housing disrepair condition include:

  1. Damp / mould issues: Damp and mould spores are highly hazardous to tenants wellbeing, they worsen breathing challenges and are also said to be a cause of asthma and eczema in children. The aged, the sick and young tenants are mostly at risk from it, and tenant can seek for compensation from landlord for mould and damp.
  2. Unstable building
  3. Poor ventilation
  4. No hot water / heating or boiler problem in rented property
  5. Water damage
  6. Drainage and sanitation issues
  7. Roof leaks
  8. Electrical hazards
  9. Blown (misty) double glazed units

Housing Disrepair Requirements from Landlords

In most tenancies, repairing duties are included into the terms of the tenancy. The repairing responsibilities require a landlord to keep in good condition the structure and exterior of the dwelling house and also keep in repair and proper working order the installations in the property for different supply like water, gas, electricity; sanitation, space heating, and no heating or hot water in rented property. The law does not allow the landlord to contract out of their repairing obligation.

In a situation of a leasehold property, the repairing obligation of the freeholder is contained in the terms of the lease.

Subject upon the root cause of the problems in your home, a property solicitor in London may be able to bring a claim in the County Court pursuing an order for repairs to be carried out, as well as requesting for financial compensation. On the other hand, in some serious situations, proceedings can be brought before the Magistrates Court in relation to housing disrepair claims.

What are some of the effects of housing disrepair?

Damages caused by negligence of disrepair of property can have a negative impact on your health and cause damage to your personal belongings, which could lead to financial loss as well as having the possibility of affecting your mental wellbeing.

If you have experienced any challenge as regard to disrepair and your landlord has failed to fix the situation within a realistic time since you reported the issues, you are entitled to make a housing disrepair claim. Contact a London housing solicitor firm and speak to a member of our specialist housing disrepair team through their free housing advice helpline.

How to claim compensation from your landlord

The first step is to complain to your landlord; you then need to contact a no win no fee property solicitors London if they act nonchalant about the issues you have raised or refuse to fix your home.

Most of these housing solicitors offer free consultation at the initial time. Their team of expert housing lawyers will attend to you to assess your present condition and counsel you on whether there is a strong case for legal action. At this stage, it is vital that much information as possible about your potential claim is gathered.

Taking photographs of the state of disrepair would be a useful supporting evidence and the team of housing lawyers would ask you to share them with them. The photos can be sent to the team of best housing disrepair solicitors via email or other instant messaging apps like whatsapp, facebook messenger or instagram.

For FREE housing advice, call

Call Us 0800 999 7440

When you should take court action

There are some checks you have made or things you have to put into consideration before deciding whether or not to take court action against your landlord for failing to make repairs. you should:

  • Check if your landlord is liable for the repairs
  • Check if you have reported the issue (at least once) and have allowed your landlord a reasonable amount of time to do the work.
  • Consider the fact that you might be at risk of eviction if you are a private rented tenant,
  • Think about whether you have tried other options to resolve the problem first
  • Consider the evidence you have if any to help support your case
  • Think about whether you can afford to take court action if you can’t get help with legal costs like no win no fee claims against council.

If you think that the only option for you is to take court action, then you will need the help of a specialist adviser or a housing solicitor to help you claim for disrepair.

Can you afford to take court action?

It can be expensive most times to consider taking court action. A tenant may be qualified for help with legal costs under the legal aid scheme depending on their income and the nature of their case. Only in cases where there is a serious risk to you or a family member’s health and safety can Legal aid be made available.

You would only have to pay a fixed fee if you do not qualify for legal aid, then your claim could be heard in the small claims court. Small claims is one of three court routes that a case can follow. These routes are called tracks. The other tracks are the fast track and the multi-track.

The small claims limit of £10,000 applies in situations where the only claim is for compensation (damages). However, if a claim includes an application for an order for repair work to be done, it will only be allocated to the small claims track if both the: 

  • Estimated damages are less than £1,000, and
  • Estimated cost of the repair work is less than £1,000.
  • If any of the amount is expected to be more than £1,000, the court will normally allocate the case to the fast track.

A tenant can check any credit card agreements or insurance policies they have in a case where they do not qualify for legal aid as these may include legal expenses insurance. Trade unions may also offer legal advice on matters other than work-related issues.

Some solicitors known as housing disrepair solicitors no win no fee” may also offer ‘no win, no fee’ agreements as a way of funding a repair claim.

What can the court do?

The court can ask your landlord do the repair work by making:

  • An order called an order for specific performance, or
  • An injunction called a mandator injunction.

The court also declared in its power that you can do the repairs yourself and deduct the cost from future rent.

Your landlord can be fined or imprisoned if they do not do the repair work specified in the order or injunction.

Compensation

Compensation known as damage can be awarded by the court to a tenant. Damages restores you back to the financial position you would have been in had your landlord made the repairs when they should have done. You can get damages if:

  • Your belongings have been damaged or destroyed
  • You have been injured or made ill
  • You have been inconvenienced and unable to use your home in the normal way.


How much can I expect to receive in housing repair damages?

When making a claim against a landlord, it is imperative to note and understand that the principal role of a housing law team is to make sure that the home you live in is repaired as soon as possible. Your health and wellbeing is always their main concern.

If a housing lawyer believes that you are eligible for financial compensation, it will be because the problems you have experienced have not been resolved for a significant amount of time and have caused you and members of your family distress.

All disrepair claims by tenants are unique, so there is not an amount stated as a guide to the level of compensation a tenant could receive. Several factors will all be taken into account which include but not limited to the number of rooms affected by the disrepair, the severity of the problem, the impact on your health and any damage to your personal belongings.

No Win No Fee Housing solicitors

On investigating, housing disrepair solicitors will let you know if you have an eligible claim. If you do, then they will continue on a ‘No Win No Fee’ basis. This is known as a Conditional Fee Agreement, which implies that you are financially secured because, if we do not win your case, there is no payment to be made. It also provides comprehensive clarity for payment that all parties understand and there are no hidden charges.

Evidence to help support your case

Before taking court action, having information and evidence handy will help to support your case. This includes:

  • A copy of your tenancy agreement
  • Copies of any correspondence between you and your landlord
  • Photographs of what needs repairing
  • Copies of medical reports or a note of medical visits if you were injured or made ill
  • A list of or photographs of belongings that have been damaged and copies of receipts if you had to replace damaged items
  • Any expert evidence you have, for example, reports from a surveyor or an Environmental Health Officer.

The cost of some expert reports may be covered if you are entitled to legal aid. If you are not eligible to legal aid you have to pay for the cost of any reports yourself.

Pre-action protocols

A special procedure called the Pre-Action Protocol for Housing Disrepair Cases – the ‘Disrepair Protocol’ must follow before taking court action.

You might end up paying your landlord the money they have spent going to court and your claims are rejected if you don’t follow the Disrepair Protocol. Following the Disrepair Protocol shows the court that you’ve tried to sort out the problem with your landlord before going to court.

The Disrepair Protocol aims to encourage tenants and their landlords to resolve the problem without having to go to court. It sets out detailed actions and timetables that must be followed from when a claim is started.

The Disrepair Protocol recommends that you and your landlord should contemplate some form of alternative dispute resolution (ADR) before going to court, such as mediation.

The Disrepair Protocol does not apply to counterclaims. 

For example, if your landlord takes ownership proceedings against you for rent arrears and you defend the claim by asking the court to ‘set off’ your right to compensation for the counterclaim against any arrears.

What do you have to do under the protocol?

After you have reported the disrepairs and have given your landlord a reasonable time to do the work. Under the protocol, you have to send your landlord a letter called an early notification letter, calling their attention to possible court action. The letter is available in the protocol.

Your landlord has to respond within 20 working days. In a situation where their response is not satisfactory, or the problem is not resolved, you can apply to the county court.  A copy of the protocol is available from the Ministry of Justice website. Pre-Action Protocol for Housing Disrepair Cases at www.justice.gov.uk

Personal injury protocol

In an event of personal injury and you decide to make a personal injury claim against your landlord because they failed to make repairs. There is also a special procedure that must be followed. It’s called the Pre-Action Protocol for Personal Injury Claims.

Time limits for taking court action

In most cases, you have to take court action within six years. If it is based on your landlord not meeting the terms of your tenancy agreement the court action is called a breach of contract. In these conditions, the six years starts when you inform your landlord about a problem they should repair and they do not do anything about it in a reasonable time.

If the court action is based on negligence or nuisance, the six years begins when the damage to property or an injury happened.

In personal injury cases, the limit is three years from the date of the injury.

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How much is housing disrepair compensation?

A property with no heating or hot water, perhaps no water or electricity supply at all, an award of 100% would be possible, extremely severe damp, and structural damage meaning it was dangerous. It is much more usual for judges to make awards around the 25% to 50% range.

Can I sue my landlord for disrepair?

You can ask your landlord for compensation if they fail to carry out repairs within a reasonable time once you’ve reported them. You may also be entitled to compensation if your home is unfit to live in because of poor conditions. You can take court action if your landlord won’t agree to compensation.

Can a solicitor help with council housing?

Most county courts have legal advisers or solicitors present at the times when possession hearings are organized. A duty adviser can be of support if your landlord, housing association, council or lender is taking court action to evict you. They can render advice and speak on your behalf.

Can I claim compensation from my housing associate?

It may be possible to make a claim for compensation for the illness or injury a tenant or member of the public sustains if the Housing Association is in charge for repairing the defect and they fail to do so within a reasonable time, then.

How long does it take to receive an offer of compensation?

Once you accept an offer of settlement for a personal injury claim, your compensation money should usually be received within 14-28 days from the date of settlement. However, this timeframe is only a common guide, as how long it takes to receive your compensation can differ based on some factors.

Can I sue my landlord for stress?

If your landlord breaches the warranty of habitability or the warranty of quiet enjoyment, you may be able to sue her to recover financial damages. In some states, such as California and Arizona, you may be able to pursue emotional distress damages if the landlord’s actions were particularly disturbing.

What is the housing disrepair protocol?

The Ministry of Justice through the Civil Procedure Rules stipulates a Housing Disrepair Protocol to be followed if a leaseholder intends to bring such a claim. The Protocol is most frequently used by tenants of rented premises, but it also applies to leaseholders in England & Wales.

What is a landlord’s duty of care?

A landlord can be held liable if an injury or fatality occurred due to the poor condition of the property (for example a fall caused by a broken handrail). Because statutory and common law requires that there should be no unacceptable level of risk to the health or safety of the occupiers or their visitors.

Can you ask your landlord to remove furniture?

Over time, experience has shown that landlords are very unwilling to add or remove furniture, with very few exceptions. Any addition or removal of furniture or fittings should be agreed by the landlord and the tenant earlier to a tenancy agreement being offered.

How do I get a free solicitor?

If you can’t get legal aid or pay for your own solicitor or barrister. Some charities or volunteer lawyers might be able to help

  • Ask your local Citizens Advice.
  • Get help with a consumer problem.
  • Find a law centre.
  • Contact LawWorks.
  • Get help from Advocate.
  • Exceptional case funding.
  • Getting advice for free or a fixed fee.

What sort of funding is available for housing disrepair cases?

These are the different types of funding that are available in housing disrepair cases: Conditional Fee Agreements (“CFAs”) also known as “no win no fee” agreements – Most housing solicitors retain discretion over whether to act under a CFA and cannot assure a client that this form of funding will be available in all cases. A resolution upon whether to act under a CFA will be taken following a risk assessment to make sure that the specific case is suitable for this type of funding.

A ‘success fee’ and any insurance premium will be paid by the client if their case if won and this payment would be made from the compensation. You will also be liable to pay the costs incurred in the case, but your solicitor will seek to recover these costs from your opponent, as the winner is normally given their legal costs against the loser.

In the event that a tenant lost the case, the Law firm will not be paid for the work they have done on the case. You may be able to get what is known as ‘after the event’ insurance to cover the risk of you having to pay your opponent’s costs in the event that you lose your case.

Legal Aid is available for disrepair cases but is subject to an assessment of the individual’s financial position. If you provide your solicitor with figures of your income and expenses, they will be able to do a preliminary assessment to let you know whether or not you are likely to be suitable for Legal Aid. However, legal aid funding only covers bringing a claim to make sure repairs are been carried out to your home, and does not include a claim for compensation. A compensation claim would need to be funded separately if you also wish to pursue a compensation claim

Private funding – most solicitors be able to advise you about our private rates and outline the work we will carry out if you decide to instruct us on this basis.

What is penetrating damp?

Damp happens when the housing disrepair in the structure of the building permits water to penetrate the building from the outside. The root cause of penetrating damp is usually structural problems in the building such as faulty guttering or roofing which your landlord/freeholder is usually responsible for maintaining.

Are there things you cannot bring a housing disrepair claim for?

You can only bring a disrepair claim for damage to your home when that destruction has been caused by disrepair. If the problem emanates from an inherent defect in the property which is not caused by disrepair, then it is not something you can raise a housing disrepair claim. Nevertheless, you may be able to bring a claim under The Homes (Fitness for Human Habitation) Act 2018.

What is condensation based damp?

This is a condition where the dampness in your home is not caused by water penetrating from outside but arises due to the settings in your home. This may be due to improper or a lack of ventilation or poor design. Disrepair is not a cause of condensation dampness, and would not form part of a claim for disrepair. However, it may be possible to bring a claim under The Homes (Fitness for Human Habitation) Act 2018.

What is the meaning of the term “fitness for habitation”?

The Homes (Fitness for Human Habitation) Act 2018 came into force on 20 March 2019. The Act applies to new tenancies, of less than 7 years, granted on or after 20 March 2019 (but will apply to all such tenancies after 20 March 2020). The Act requires that a property that is rented is: (a) Fit for human habitation at the time the lease is granted or otherwise created or, if later, at the beginning of the term of the lease, and (b) Will remain fit for human habitation during the term of the lease. In considering whether or not a home is unfit for human habitation, the following will be considered: repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food and for the disposal of waste water; in relation to a dwelling in England, any prescribed hazard; A house will be considered to be unfit for human habitation if one of more of the above apply and it is not reasonable for someone to occupy the house in the condition that it is in.

What is housing disrepair?

Housing disrepair is a condition whereby a rented property is not structural safe and suitable of a tenants to inhabit and needs to be fixed by the landlord as required by law. The failure of your landlord to maintain the structure and exterior of the property can cause water damage, a faulty boiler or structural problems.

What are some of the effects of housing disrepair?

Damages caused by negligence of disrepair of property can have a negative impact on your health and cause damage to your personal belongings, which could lead to financial loss as well as having the possibility of affecting your mental wellbeing.

What are the pre-action protocols for housing disrepair.

A special procedure called the Pre-Action Protocol for Housing Disrepair Cases – the ‘Disrepair Protocol’ must follow before taking court action.

You might end up paying you landlord the money they have spent going to court and your claims rejected if you don’t follow the Disrepair Protocol. Following the Disrepair Protocol shows the court that you’ve tried to sort out the problem with your landlord before going to court.

The Disrepair Protocol aims to encourage tenants and their landlords to resolve the problem without having to go to court. It sets out detailed actions and timetables that must be followed from when a claim is started.

The Disrepair Protocol recommends that you and your landlord should contemplate some form of alternative dispute resolution (ADR) before going to court, such as mediation.

The Disrepair Protocol does not apply to counterclaims. For example, if your landlord takes ownership proceedings against you for rent arrears and you defend the claim by asking the court to ‘set off’ your right to compensation for the counterclaim against any arrears.

Posted on: Mon Mar 8 | 6:35 AM by: housing

Make Housing Association Disrepair Claims

Housing Disrepair Problems

Housing disrepair constitutes a host of housing issues that range from broken or blocked drainage to broken heaters and radiators, collapsed ceilings and roof, molds and damp on the walls and floors, bug infestation, defective exterior finishes, dangerous stairs and bannisters, defective gas and pipe work, damaged doors, leaking sinks, pipes or showers, to name a few. 

When you rent a home, there’s an expectation that the property should provide peace and comfort to you but when disrepair of any sort comes into the picture, that becomes a problem. If your rented property has fallen into a state of disrepair – requiring essential repairs – it is a damage that needs to be put right. 

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Who is responsible for housing disrepair problems?

Both tenants and landlords have an obligation to maintain a property and maintain its structure in a good state. Tenants are responsible for always paying their rent, cleaning a property, making reports to the landlord when necessary and doing small tasks like changing the lightbulb or a fuse. 

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The landlords carry a greater responsibility towards maintaining a property and keeping it safe and fit for use. Landlords are responsible for maintaining :

  • The structure and exterior of the property e.g the walls, roof, pipes, windows, foundations etc. 
  • Plumbing – this includes the sinks, toilets and bathrooms. 
  • Utilities – This covers water and gas, electrical wiring, heaters, radiators etc. Landlords are also responsible for the safety of their tenant by ensuring that the fire alarm, smoke detector  and carbon monoxide alarms are fitted in the required places. 

Under the law, your landlord or housing association is expected to ensure that:

  • Your house does not suffer from damp and mold. 
  • That your drainages are unclogged and clear. 
  • You have safe access to gas, water and electricity. 
  • Your home does not have a vermin or insect infestation problem. 
  • You have a good and functional heating system. 
  • Your house has good structures. 

If you encounter disrepair in your home, your landlord is responsible for the immediate repair of those faults and this is provided for under Section 11 of the Landlord and Tenant Act (LTA) 1985. This section of the Landlord and Tenant Act is relevant to your level if you do not have a tenancy agreement. 

If your home is owned by a housing association, the responsibility is on the housing association to fix the disrepair. When you notice disrepair in your home, it is advised to contact your landlord/housing association and inform them either through phone calls, text messages or a letter. Your landlord is expected to fix the disrepairs as soon as they are reported but if after a reasonable period of time has refused to make those repairs, you can make a housing disrepair claim and take him to court . 

Additionally, if you are a housing association tenant and notice any disrepair, you are required to contact your housing association and follow their formal complaints procedure they have provided. When you are done with the complaints procedure, you will be required to wait for a period of 8 weeks. During this period, the housing association is expected to resolve your complaints for you and handle the disrepair. If it does not do that, you can then decide to bring a housing  disrepair claim against the housing association. Nobody should have to accept poor living conditions. The laws have directed that repairs are contractual and so any breach of contract gives the tenant the right to take legal action. 

What are housing disrepair claims?

Housing disrepair claims is a type of lawsuit where a tenant takes legal action against a landlord/housing association for failing/refusing to fix disrepairs on the rented property. Usually when a complaint is made for disrepair to be fixed, the landlords are generally expected to respond to the complaints within 20 days. If your landlord ignores your complaints after that time frame elapses, you can bring an action for  housing disrepair claims through any of our truly efficient housing disrepair solicitors . 

It is advised that you should send the complaints to your landlord/housing association either through emails or text messages as these would stand as proof of the time and date you made the complaint. You should also keep a record of important documents and receipts  that might help your case. 

If your home is owned by a housing association, you should keep a record of copies of all correspondence between you and the housing association when you make a disrepair complaint. You should also have pictures and video evidence of the problem, medical records, record of phone interactions and receipts for every expense incurred as a result of the disrepair. 

 Usually when you make the housing disrepair claims, landlords tend to hastily fix all the damages and disrepairs they had previously ignored. 

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What am I entitled to for housing disrepair?

If you – on your own – decided to fix the disrepair and you have receipts to show that you have spent money on the repairs, you can get compensated for the money spent. If  you or your loved ones suffered injury as a result of the disrepair, keep the medical reports and copies of the medical bill and pictures as evidence to be submitted to a solicitor. 

Generally, when you make a housing disrepair claim, you are entitled to:

  • Household repairs – You are entitled to having your disrepair fixed by the landlord after you have laid a housing disrepair claim. If you have spent your money fixing the disrepair by yourself, with your receipt as evidence, you will be entitled to a refund. 
  • Compensation for pain, suffering and loss of  amenity – This is a blanket term that ensures you get compensation if you have suffered physically as a result of a disrepair. Any issues you might have faced on account of the housing disrepair which must have caused you inconvenience and distress are under the blanket term of “pain, suffering and loss of amenity”. This includes having to vacate the house if the level of disrepair warrants you to do that. 
  • Damage to personal property – If for example, there was a leak in the ceiling and while it rained overnight, the water pooled and your phone or laptop got wet and destroyed, you can make a claim for compensation on the basis of cost incurred in repairing or replacing your phone or laptop. 
  • Personal injury – If you or your loved ones have suffered an injury or illness  as a result of the disrepair  on your home, you can make a claim for compensation on the basis of injury suffered. Moldy walls, for instance, can cause allergies or aggravate existing respiratory illnesses like asthma. You can make a claim for personal injury for medical costs, aftercare, medication and pain and suffering.  

The amount of compensation you may be awarded is based on how long the disrepair matter lasts and how severe the issue might be and its impact on you and your household on a daily/regular basis. 

How to calculate compensation 

Usually, the compensation amount differs based on the severity of the disrepair and damage done. If for example you encounter heating issues for a whole year, you will calculate rent paid for that entire year and a percentage (for the compensation) of the rent paid is what will be awarded to you as compensation. i.e the value of your  rent for the whole period of the claim is £12,000 and compensation is set at 25%, you will be entitled to get £3000 as compensation. 

If the disrepair is a severe damp for a period of six months that also did damage to personal property, the percentage for compensation becomes more because you have to be compensated for loss of personal property I.e the value of your rent for the whole period is £6000 and the compensation is set at 40%, you will be entitled to get £2400. 

We can help!

If you are in the UK and your home has been in a state of disrepair and your landlord has refused to handle it, contact us and our No Win No Fee housing Disrepair solicitors will guide you through the entire process. 

Our No Win No Fee policy protects you completely as it requires you only pay us a certain percentage of your total compensation only when your claim succeeds. If the claim is unsuccessful, you will not be charged any fee by our No Win No Fee housing disrepair solicitors. We will work to make sure your landlord/housing association complies with their legal obligations and pays for compensation and also for the repairs to be done  as required by the court. 

If you want to make housing disrepair claims in London or Manchester, take advantage of our No Win No Fee policy and contact our housing disrepair solicitors today. We are always ready to help. 

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Posted on: Wed Feb 10 | 10:02 AM by: housing

How Do Housing Disrepair Solicitors Help In Emergency?

Housing Disrepair Solicitors

Imagine there is a crisis or an urgent need of help because of a disrepair, all you need to do is contact a housing disrepair solicitor immediately.

Taking quick legal action against your landlord for housing disrepair may seem difficult but there is help available. With the legal assistance of housing disrepair claim solicitors, taking quick action on disrepair claims becomes easy.

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What exactly is housing disrepair?

Housing disrepair means a rented property that is in need of repair in order for it to be safe and suitable for tenants to live in.

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If you are a tenant living in rented accommodation, your landlord is required by law to ensure:

  • That the house you live in is in a good state of repair structurally
  • That your house is free from damp and mould
  • That your drains and gutters are clear and working as they should be
  • That you have a working heating system
  • That you have safe access to electricity, gas and water
  • That you have working sanitation facilities i.e. toilet, basins, sinks, etc.
  • That your home is free from vermin or insect infestation

In a house where repairs or works are needed, if the landlord fails to carry out the work within a reasonable amount of time after the issues are reported by you, then this could be considered housing disrepair.

What repairs constitute housing disrepair?

Housing disrepair can include:

  • Damp
  •  Mould
  •  Condensation
  •  Leaks: mostly from roofs
  •  Missing or loose tiles
  •  Structural cracks
  •  Insect and rodent infestation
  •  Poor ventilation: Includes faulty air conditioners. 
  •  Boiler issues: Which could cause unavailability of running or hot water or heating.

Housing disrepair responsibility falls to the landlord whether you’re a social tenant living in either a housing association or council-owned properties, or a private tenant with a private landlord.

Nobody should have to accept poor living conditions. The Homes (Fitness for Human Habitation Act) means that repairs are now contractual and any breach of contract allows the tenant to take legal action.

When can I start my claim?

You can start court action to claim compensation during your tenancy or up to 6 years after it ends. Disrepair claims can be pursued for a number of reasons, whether you’ve injured yourself because of broken tiles, have developed breathing issues because of mould, or have been put at serious risk because of a boiler fault. If you’ve experienced landlord problems and  you are living in, or have lived in, a rented property that was in disrepair, you may be able to make a claim against your landlord.

If your rented  property falls into disrepair, sometimes, you may require a more urgent emergency repair. This is necessary because disrepairs in such instances may even lead to more distressing conditions for example life-threatening health issues and if not fixed. To start your claim during your tenancy, you can ask the court to order your landlord to carry out immediate repair works as it could be fatal to the health of you and your family. 

However, before you start a claim, you must have reported the faults/issues to your Landlord in order to take court action for compensation. For this reason you may prefer to start a repair only claim to enable urgent fix.

What can I claim for?

You can make a claim for compensation if repair problems in your rented property:

  • made you or someone in your property ill
  • damaged your belongings
  • caused you inconvenience
  • caused you harm or injury
  • caused you loss of finance

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You can also claim compensation if you haven’t been able to use your property in the normal way because of repair problems. Our specialist housing disrepair solicitors are here to help you use your tenant’s rights to regain any financial loss and ensure your landlord is held accountable for their actions.

Landlord’s responsibilities

It is your legal right as a tenant to live in an apartment without damp, leaks, broken boiler, rodent infestation, broken window. So you really have no need to worry about how to claim compensation from your landlord. If you have reported any of these issues to your landlord, and they have not been fixed, you are eligible to claim for disrepair.

Your landlord is legally responsible to maintain your rented property by doing the following:

  • Replacing faulty or broken appliances such as circuit switch.
  • Repairing all water and gas leaks.
  • Ensuring that your home is free from damp and mould
  • Ensuring that boilers are working and meets safety standards.
  • Carrying out repairs.

Failure to meet these legal obligations means that your landlord is in breach of his duties which can put you or your household at risk in ways which includes:

  • Injuries such as cuts, bruises and fractures caused by falling due to poorly maintained floors.
  • Fatalities caused by electrical faults and gas leaks.
  • Aggravated health issues on your or other occupants of your home.
  • Respiratory issues such as asthma, difficulty in breathing and other breathing challenges caused by damp and mould.

It is necessary that you take immediate legal action and you can count on us at housingdisrepairclaim.co.uk to help you.

Making an emergency disrepair claim

If you notice a damage in your rented property you should report it immediately to the landlord. In a situation in which the landlord fails to respond to your disrepair claims, please contact us so that we can advise you on the necessary steps to take on how to claim compensation from your landlord.

Any damage to your property that negatively impacts your  health, affects your mental state or leads to unplanned financial losses may be eligible for a claim. Whether its a faulty boiler, plumbing issues, issue with roof leaks or defective machines, bring your case to us.

We have a lot of experience in dealing with housing disrepair claims and will act on your behalf to get a positive outcome. Feel free to contact us on our housing disrepair helpline or fill out our form for a free assessment.

Housing disrepair solicitors in emergency disrepair situations 

A housing disrepair solicitor is a legal practitioner who specializes in providing advice and representation to tenants in relation to claiming compensation for poor standards of maintenance in homes or properties.

If your rented property has fallen into disrepair, you are entitled to have repairs carried out at your landlord’s cost. Most landlords will accept to pay your compensation and/or carry out the necessary repairs. Housing disrepair solicitors are not restricted to tenants in private rented property, they also assist social housing tenants who are in urgent need of professional assistance.

In cases where you are in urgent need of a disrepair there is no “short cut”, the following steps should be taken;

  • Informing your landlord about your disrepair claims and seek immediate repair
  • When such repair is not attended to, you should immediately contact a housing solicitor
  • The housing solicitor would quickly seek a claim for disrepair and would ensure that your disrepair claims are sorted immediately.

What is a No Win No Fee?

A no win, no fee agreement is a contractual agreement between a solicitor and client who is pursuing a civil claim. Usually the agreement is that if the client is not successful in pursuing their claim, then there are no legal fees for them to pay. With no win no fee, there are no hidden clauses and no hidden charges, everything is explained upfront. 

A no win no fee solicitors agreement, also known as a Conditional Fee Agreement (CFA), helps protect you from financial risk when making a claim. And our housing disrepair solicitors london offer no win no fee contract for your claims.

No Win No Fee Claims Process

  • First step – contact our no win no fee housing solicitors for an initial consultation.
  • Next we will obtain details about your housing disrepair claims.
  • Our no win no fee solicitors will ask you questions and obtain details from you of any losses or expenses you have incurred as a result of your housing disrepairs.
  • If you have a case, our no win no fee housing solicitors will talk you through the next steps.

Importance of hiring no win no fee solicitors

Generally, solicitors play an important role in our society by supporting, and giving voice to patients in need of urgent repairs. And  aside from their obvious skill and working conditions, no win no fee housing solicitors offer you lots of benefits when helping with your disrepair claims. 

With these solicitors on your side, you incur no extra financial burdens. A no win no fee housing solicitor will file for emergency housing disrepair claim on your behalf and with their experience and skill, will help you get settlement for your housing disrepair claims.

Contact no win no fee solicitors for property damage or any other disrepair issues immediately a disrepair is noticed. Make your mind up today!!!

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