housing disrepair solicitors no win no fee Archives -
Posted on: Thu Aug 19 | 11:57 AM by: housing

How Solicitors Help Tenants with Compensation Claims in Manchester

Every tenant across the country has the right to live in a property that is fit for human habitation. This means that the property must be in a good state of repair, and free from anything that could cause harm to the tenant. If your landlord has failed to fulfill their responsibility to maintain the structure of your home and ensure you are safe and comfortable, you may be entitled to a claim for disrepair.

img

We work with a panel of specialist housing solicitors Manchester who have successfully managed disrepair claims on behalf of tenants. Our disrepair claims solicitors regularly advise tenants of their rights and have built a reputation for delivering practical and comprehensive resolutions for tenants in Manchester. You do not have to put up with your landlord’s failings; our housing disrepair solicitors will help you understand your rights.

Let us discuss some of your rights when it comes to your tenancy, disrepair problems, and landlord-tenant disputes.

Setting Up a Tenancy

Under the UK housing law, there are certain statutory obligations that landlords must comply with. Some of these include:

  • Gas safety
    It is the duty of a private landlord to ensure that gas installations are safe and the gas safety certificate is renewed every 12 months. They must keep copies of the certificate and inspection report, as well as records of any works carried out.
  • Property inspection
    According to Section 11 of the Landlord & Tenant Act 1985, landlords are under obligation to perform comprehensive repairs, inspect their properties and keep records of any inspections done before renting out the property. Landlords must perform any necessary repairs before tenants move in.
  • Tenancy agreements
    The importance of a tenancy agreement cannot be overemphasized. Landlords must realize that the tenancy agreement is a legally binding contract and sets out what is expected of landlords and tenants.

Housing Disrepair Problems

Landlords must comply with their repairing obligations. Under Section 11 of the Landlord and Tenant Act, landlords are under obligation to keep the following in repair:

  • The structure and integrity of the property, including the foundations, walls, windows, and drains.
  • Gas and water pipes, boilers, electrical wiring, radiators and fitted heaters.
  • Baths, sinks, basins, and toilets.

    A landlord who fails to meet these legal obligations is in breach of his or her duty to repair their property, which can put tenants at risk in any of the following ways:

  • Fatalities due to electrical problems or gas leaks
  • Respiratory conditions like asthma caused by damp and mould
  • Injuries due to poorly maintained walls and floors.

If you or a loved one has suffered any health issues as a result of the rented property’s poor state of repair, seek legal advice as soon as possible. Our housing disrepair claims solicitors will guide you on how to claim compensation from your landlord and walk you through the claims process.

How to Handle Housing Disrepair Problems in your Rented Property

If there is a problem in your rented property, you need to notify your landlord as soon as possible.

  • Notify your landlord in writing via a letter or email so that there is a record that you have reported the disrepair problem and the date of this report.
  • Give your landlord a minimum of 21 days to respond to your notification.
  • If they respond, give them a reasonable amount of time to perform the required repair works on your rented property.

If your landlord has failed to respond to your notice of disrepair, do not hesitate to contact us so that our housing disrepair solicitors can advise you on what you need to do to secure a positive outcome.

Making Housing Disrepair Claims

If your rented property has fallen into a state of disrepair through no fault of your own, it can be a source of concern, especially when it puts your health at risk. The panel of specialist housing disrepair claims Manchester solicitors can act on your behalf to make a claim against your landlord to obtain the financial compensation which you deserve.

Our specialist solicitors can help you make compensation claims for:

  • Property damageIf your clothing, curtains or bedding have been damaged by damp or mould, or your furniture has been destroyed as a result of water leaks from burst pipes that your landlord has failed to fix, we can help you sue landlord for mold UK and make a claim for compensation. Disrepair claims by tenants can also be done if the rented property is damaged while repair work is being carried out.
  • Health problemsHave you suffered health problems as a result of the poor state of repair in your rented property? Armed with the facts of your case, our specialist solicitors will help you build a robust case to demonstrate the link between the disrepair and the health problem you suffered. This is known as causation.
    The housing disrepair problem does not have to be the singular cause of the health problem you suffered, but must be a contributing factor. Our solicitors will provide the legal advice and support you need to make a successful personal injury claim.
  • Inconvenience and abatementHave you been unable to use part or all of your rented home as a result of disrepair? You may be entitled to a reduction or refund of your rent. This is known as abatement.
    The value of the rent abatement will depend on how much of your home was in poor state of repair and uninhabitable. If all of the house in uninhabitable, then you may be entitled to 100% abatement. Depending on your situation, you may also be able to pursue a claim for disrepair for the inconvenience you have suffered.

What Can I Do Next if I Want to Sue My Landlord?

In addition to notifying your landlord about the disrepair and allowing a minimum of 21 days for him or her to carry out repair works, here are a few things to keep in mind:

  • Take photographs of parts of the house affected by the disrepair problem;
  • Keep records of all correspondences, including text messages, emails and letters to your landlord, as well as the dates of any correspondence and responses;
  • If the housing disrepair has caused you health problems, ensure you keep notes from the GP;
  • If at any point you feel forced to make the repairs yourself, ensure you keep the receipts as proof;
  • Contact us as soon as possible if you do not get any response from your landlord.

START A CLAIM

Will My Landlord Take Action Against Me For Making a Claim?

It is illegal for your landlord to attempt to evict you from their property simply because you are asking for repairs to be done. We understand that making a claim against your landlord because of the poor state of repair of your rented home can be daunting. Keep in mind that you have certain rights as a tenant; when you sign a tenancy agreement, your landlord agrees to keep the property in good order and ensure the required repairs are done in a timely manner.

As a tenant, you should not withhold rental payments while pursuing housing disrepair claims, as this could give your landlord legal grounds to commence eviction proceedings against you for non-payment of your rent. Your landlord must also follow specific procedures if they wish to increase the rent and when they plan to do so.

If your landlord attempts to make you feel intimidated as a result of the housing disrepair claim you are making against him or her, let us know so our solicitors can help you approach the situation in the best way possible. You can rest assured our specialist solicitors will always prioritize your best interests as a tenant and protect you from mistreatment by your landlord.

No Win No Fee Housing Disrepair Claims

A No Win No Fee agreement is a simple way of ensuring you do not suffer any further financial burden if you need to take legal action for housing association disrepair or disrepair against your private landlord or local authority. We work with No Win No Fee housing claim solicitors who are particularly experienced in handling different types of disrepair claims.

Our No Win No Fee housing solicitors understand how distressing it can be to live in a house that is unfit for purpose. For parents with children, the family can be easily exposed to a health risk, and cause significant stress and anxiety. Whether your landlord is a local council or housing association, our No Win No Fee solicitors property damage can make a claim on your behalf if they ignore your notice to fulfill their repair obligations.

For FREE housing advice, call

Call Us 0800 999 7440

How We Can Help

We believe that every victim of housing disrepair has the right to seek justice. When you contact us, we will arrange for a free, no obligation consultation with one of our No Win No Fee housing disrepair solicitors. Fill our free claims assessment form or contact us today on 0800 999 7440 to find out how our friendly housing disrepair claims solicitors can help.

Posted on: Tue Aug 17 | 9:40 AM by: housing

A Complete Guide For Landlords And Tenants In UK

A Complete Guide About Everything A Landlord Or Tenant Should Know In The UK

Are you considering going into the rental market as a landlord? If yes, this guide is for you. On the other hand, if you are a tenant looking to hire a rental property, you also need this guide to make the right decisions. Landlords and tenants have their obligations and responsibilities. This will give you the information you need as a landlord about to let out your property or as a tenant planning to rent an apartment. Potential landlords and tenants should be aware of what it entails to rent or manage a property in the UK. Property management requires some basic business knowledge, skills, planning and legal awareness. 

img

Renting An Apartment Checklist UK

  • Check And Find Out Who The Property Owner Or Landlord Is.
  • Check The Terms And Conditions.
  • Calculate Your Exact Deposit Amount.
  • Protect Your Deposit.
  • Check The Duration of Your tenancy.
  • Check Rules Regarding Smoking and pets.
  • Check Council Tax And Bill Payments.
  • Check Fixtures and fittings.
  • Check smoke alarms and carbon monoxide detectors.
  • Check If Your Landlord Provided An Energy Performance Certificate.
  • Check Gas safety certificates.
  • Run safety checks on electrical installation.
  • Other Safety Checks For Entire Property.

How Tenants Can Rent A Safe Apartment UK

A rented property should be a safe haven, free from housing disrepair especially with moulds and damp. A home that is fit for human habitation. Most times if the tenant has moved in but the landlord refuses to fix some faults then that may lead to a  disrepair claim. Disrepairs claims range from compensation for mould and damp and other interior and exterior un-repairs. Find out more on how to claim compensation from your landlord for mould here. Meanwhile, look out for the following when renting a property:

  • No Infestation.
  • Free from hazardous chemicals
  • Adequate supply of water.
  • Maintained structure with defects.
  • Good drainage system.
  • Adequate security.
  • Free from overcrowding.
  • Safe electrical installation.
  • Void of fire risks.
  • Free from excess heat and dehydration.
  • Free from damp causing moulds.
  • Free from extreme cold temperature.
  • Adequate recycle collection and refuse management.

Standard Terms Of Tenancy Agreement

Tenancy Agreement is a contract between a Land owner and a renter. Rental or lease agreement are written down terms concerning information on property, tenancy, repairs and duration. Agreement can be short or long term. Think Before You Leap. Tenants are advised to take out time to read contracts carefully. Sometimes letting agents would want you to choose an apartment quickly without careful consideration, but don’t be in a rush to sign those documents. Every tenant must know their rights as stated in their responsibilities.

  • Paperwork And Documentation For Rentage.
  • Period Of Occupancy.
  • Property Information.
  • Rent Obligation.
  • Code of conduct and Live-in Rules.
  • Requirements For Housing Repairs.
  • Collateral Deposit Information.

What’s Included In Every Tenancy Agreement Documentation By The Landlord?

  • Full Names Of All Occupants.
  • Full Address Of The Property.
  • Start Date And Expiration Of Lease.
  • Specific Amount Of Rent.
  • Specific Amount Of Security Deposit.
  • State Policies Regarding Maintenance.
  • Contact Information.
  • State Other Rules Concerning Tenant Violations.
  • Lease Must Comply With All Applicable Laws.

START A CLAIM

Covid-19 Non-Statutory Guidance For Landlords And Tenants.

Support measures have been put in place since the outbreak of the pandemic. Renters have experienced problems in retaining their homes, this is why the government has taken measures to support landlords and tenants. In march 2020, the government introduced the Coronavirus Act to extend notice periods. The government has taken action to prevent people from getting into hardship by placing a:

  • Ban on Evictions until 31st of march 2021.
  • Prioritising only serious cases.
  • Putting legal eviction on hold.  Government protects tenants affected by the pandemic. This means that no tenant has been driven out since the beginning of the pandemic.
  • Increased protection for renters.
  • Reduced rent.
  • Rent free period for some tenants.
  • Suspension of housing Possession cases for a few months.
  • Discretionary housing payment options

Health And Safety Inspections During Covid-19

There has been recent changes in regulations regarding repairs and inspections in the pandemic. Rent, mortgage payments and  possession of property in private and social rentals are also often updated and restrictions were put in place by the government to ensure health and safety obligations. With the advent of a pandemic, it is difficult to carry out important repairs but landlords must ensure they fulfill their responsibilities.

  • This is to support landlords and tenants property management.
  • They provide advice on safe inspections and planned maintenance.
  • Take significant precaution to prevent spreading the virus.
  • It could take a bit longer to work on emergency repairs.
  • Repairs and planned maintenance cannot be done in the home of tenants that are self isolating.
  • Appropriate social distancing must be maintained for safety checks.
  • The government has encouraged landlords to embrace a pragmatic, common-sense approach in all their dealings during covid-19. This is to reduce the risk of infection especially in shared facilities, overcrowded and shared apartments. The duty of the landlord and tenants are to minimize the risk of transmission.
  • Social contact rules must be followed indoors by tenants especially in regards to allowing visitors.

For FREE housing advice, call

Call Us 0800 999 7440

What are the various types of tenancy Options for landlords?

  1. Month To Month Tenancy.
  2. Fixed Term Tenancy Option.
  3. Long Term Lease Option.
  4. Property Licensing.
  5. Student Lets.
  6. Home In Multiple Occupancy.
  7. Holiday Lettings.

Basic Principles For Property Letting

Same principles apply to all landlords, whether private or commercial properties. Land owners decide to rent their property themselves or consult an agent to manage it on their behalf. The landlord must be aware of the rule of law regarding putting out a property in the market. For instance, if a landlord charges a tenant unfairly, they can be reported to get back refunds. However they chose to give our their property they must ensure:

  • Property Is In Great Shape.
  • Funds are available for repairs when needed.
  • You know the terms of mortgage.
  • You follow your local laws.
  • Manage property effectively.
  • Protection of deposit.
  • You are familiar with the Land registry regulations.
  • You register with the landlord licensing scheme.
  • Seek legal advice.
  • Provide Insurance.
  • Have a mortgage against your home.
  • Take out a specialist policy designed for Landlords.
  • No illegal fees.
  • Trading standards awareness.
  • Know what tenancy is according to law.
  • Apply for a license before letting out property.
  • Decide whether a company will manage your property

Key Legislations For Property Letting

The Housing Act Of 1988: This act enforces all landlords to make sure that all properties are in good shape for dwelling. It must be structurally sound and the landlord is responsible to put things right especially for a long term lease of seven years. It states that tenants will not be charged by landlords for putting things right in their apartment such as adequate water supply, drainage, heating system, repair of damps and mould, safety of electrical systems, etc.

The Gas Safety Regulations Of 2008: The major concern of social and residential property owners is gas safety. The 1998 regulation makes it mandatory for gas safety to be checked annually. It states that gas safety certificate must be given to tenants before they move into a new apartment. Landlords are to adhere strictly to install smoke alarms, carbon monoxide alarms on every block or flat. A registered gas safety personnel should carry out routine checks as at when due. Failure to adhere to the rules by landlords can invalidate the tenancy and expose the landlord to unnecessary legal battles. It is easier and advisable for a landlord to leave the management of their property to estate agents.

1985 Landlord And Tenant Act (LTA)

The Landlord and Tenant Act of 1985 outlined the responsibilities of the landlord and his tenants. It states who is responsible for what repairs when an apartment is put out for rent. The LTA refers to all short lets for a period of seven years or less. Short leases are rent agreements on a weekly or monthly basis. This Act came into effect on 30th October 1985 which states that the landlord’s obligation is to keep the interior and exterior structure of the property in good working condition.

Tenants Rights And Duties Landlord Duties
Has a duty to pay rent when due. Gives Tenant The Right To Possess Property
Payment of security deposit. Return security deposit.
Make Permissible Alterations. Keep property in safe condition.
Refrain from illegal use of property. Avoid causing Nuisance and make the environment enjoyable for occupants.
Maintain Property for duration of stay.

Follow eviction Laws and Avoid unfair eviction or termination of terms of lease.
Refrain from committing waste. Provide security and follow safety codes.
Follow code of conduct. Prior notice before rent increment.

Tenant Eviction Solicitors Manchester

Land owners are expected to follow legal eviction protocols before any eviction notice.  Our housing disrepair claims solicitors Manchester offer a no win no fee housing disrepair claims. There are steps every landlord must take to avoid unfair termination of terms of lease. These requirements may vary in countries across the UK. 

  1. Prior notice before the eviction process.
  2. Provide written notice to the tenant. 
  3. Provide Proper eviction forms.
  4. Follow the rules.
  5. Follow community processes.
  6. Follow strict remedies.

What do Land owners look for in occupants?

Landlords want tenants that can afford their rent and maintain the apartment and not cause damage. Occupants who will make a good impression and also prove that they are financially stable, Personal data, Photo identification, Reference letters, Payslips, pay application fees, etc. 

How can a landlord refuse a tenant application?

A landlord can refuse a tenant’s application if they refuse to provide needed information:

  • Bad credit status, not financially dependable. 
  • Refusing a background check from the landlord.
  • No rental history.
  • Low income.
  • Bad personal history e.g if the intending tenant has been a felon in the past.

What should be on my rental application?

  • Cover letter.
  • Personal Information
  • Proof of employment.
  • Provide personal references.
  • Guarantors.
  • Provide Information on the previous landlord.
  • Provide all other important documents 

What Can My Landlord Charge Me For?

A Landlord can charge you for utility Bills and rent, he can charge you for making changes to the tenancy, For ending the tenancy abruptly, for council tax, TV licence, cost of repairs to damage you caused in the apartment, tenancy deposits, key replacement etc.

What are the qualities of a good tenant?

  • Renews Rent On time.
  • Maintains the property like his own.
  • Great communication and Good relationship with your landlord.
  • Avoid crowding the property with squatters.
  • Keep Apparent Clean.
  • Follow the rules in agreement.
  • Carry out your tenant responsibility.
  • Honesty.
  • Respect.
  • Great rental history.
  • Follow lease terms.

MAKE A CLAIM

Posted on: Thu May 13 | 6:53 AM by: housing

Avoid Being Exposed To Housing Disrepair Claims

How-To-Avoid-Being-Exposed-To-Housing-Disrepair-Claims

A disrepair means unsafe, hazardous condition of a property that lacks repair. A disrepair can pose a health risk to occupants especially if it involves issues with damps and moulds. If your rented property is in need of repair and the landowner doesn’t take any action to fix the damages, then you are experiencing a housing disrepair problem. A lot of other issues cause disrepair in a rented apartment but the most common problems include:

  • Rising and Penetrating Damps.
  • Leaking Roof and loose tiles.
  • Clogged Drains And Gutters.
  • Broken or Collapsed Ceilings.
  • Electrical Faults that need rewiring.
  • Unsafe heating system.
  • Rough floors and stairs,
  • Broken window frame.
  • Insect infestation.

How-To-Avoid-Being-Exposed-To-Housing-Disrepair-Claims

What Is A Disrepair Claim?

When a tenant lives in a rented property with poor living conditions and the landlord does not provide the needed repairs it can lead to a disrepair claim. Disrepair claims by tenants can come in various forms. When issues with damps are not attended to timely, they cause moulds and other complications this is why you must seek legal assistance immediately. Our housing disrepair solicitors offer a no win no fee housing disrepair claim in Manchester. They are among the best housing disrepair solicitors. Call us 0800 999 7440 now for a no win no fee housing disrepair.

start a claim

Laws Relating To Housing Disrepair Claim

The condition of your apartment can get worse if faults and damages are not repaired. For housing disrepair claims there are laws that can support a tenant. It is important for tenants to also understand the terms of lease revolving around their tenancy.

  • The Landlord And Tenant Act: As a landlord you have a legal responsibility for disrepair as outlined in The Landlord and Tenant Act of 1985. The law requires landlords to rent out houses only fit for human habitation. This act only applied to properties within a particular rent limit. But a new section was introduced -Section 9A, which cleared every rent limit and forced landlords to keep to the terms of lease.
  • The New Law: According to the 2018 Act (The Homes Fitness for Human Habitation) which replaced the landlord and tenant act of 1985, property owners must make homes safe for human habitation. Landlords and housing associations are expected to comply with the new legislation regarding the safety and living condition of tenants. Violating the new law by landlords or housing associations can open potential doors for serious legal claims by tenants if the house is unfit for habitation. This law is binding throughout the period of tenancy by the occupants.

Housing Disrepair Obligations For Landlords

Land owners are generally responsible for most repair work in a private rental property. Their duty is to ensure that the home is safe for tenants to live in to avoid claims for disrepair by tenants. All landlords have disrepair duties as stated by the law and must be carried out to avoid pleading guilty for disrepair in the court of law. Below are some requirements from a landlord concerning any rented property he owns.

  • Rented property must meet high standards.
  • Eliminate any traces of damps and moulds.
  • Renovations of exterior and interior structures.
  • General Safety with gas pipes and electrical connections.
  • Make necessary adjustments for the physically challenged.
  • Pest Control, structural maintenance and adequate plumbing system.
  • Fire alarms are a legal requirement by landlords.

Housing Disrepair Obligations For Tenants

  • Refuse Disposal.
  • Pest Infestation.
  • Maintain outdoor gardening.
  • In charge of decorations, and keeping the environment clean.
  • Take Proper care of appliances.

Making A Disrepair Claim

If you are living in a rented accommodation that has fallen into disrepair, you may have a disrepair claim against your landlord. You can make a claim for disrepair especially if you want to claim compensation for mould and damp. These conditions may lead to health and safety risks.

  • Notify Your Landlord: You landlord must be aware of any repairs in the first place. Send him a written note explaining the issue in detail.
  • Keep Records: Keep a proper record of documents that can help support your housing disrepair claim.
  • Access To Apartment: Ensure you allow the landlord to check your apartment to fix repairs so that he won’t use it as a case against you in court. If he has inspected the apartment but still fails to carry out necessary repairs then you have a claim.
  • Contact Your Local Authority: If your landlord is aware, but seems reluctant to repair the issues then you can report to your local authority. Go with all records, letters and evidence to support your claim. Your local authority can sanction the landlord regarding your housing disrepair problems. As a victim of disrepair problems you can claim compensation for damages to your personal property, health problems caused by poor living conditions and any other inconveniences caused.
  • Get A Solicitor: If you are not satisfied with the services of your local council, then you can contact a property lawyer. Our housing disrepair solicitors will help you reclaim your right to full compensation by ensuring that the landlord takes responsibility for his actions.

start a claim

Recent Rise In Housing Disrepair Claims

There has been a recent increase in disrepair claims which has exposed landlords, housing associations and Insurers to a lot of financial risks. Legal claims from tenants have been on the rise, but landlords can avoid this recent exposure to housing disrepair claims. This means that  landlords, housing associations and insurers must act faster and smarter to avoid soaring costs from disrepair claims

Strategies must be put in place as tenants have been more demanding because the landlord is liable for their overall well being. Routine checks can be carried out in all rented properties and records should be taken. Property owners can reduce damage reports from tenants by providing better living conditions as a landlord and responding to all the defects as quickly as possible.

For FREE housing advice, call

Call Us 0800 999 7440

How To Avoid Being Exposed To Housing Disrepair Claims 

  • Know Your Responsibility: Be aware of your responsibilities as a landlord. Tenants can sue you for negligence if you fail to take action on repairs you are liable for. Know your duties as a landowner.
  • Your Property must be fit for human dwelling: You must ensure your rented apartment is fit for stay. A high standard of living is required by landlords to provide for its tenants, so they must be ready to do maintenance work when the need arises due to sudden rise in disrepair claims. Plan all repairs and maintenance work ahead to improve the condition of the property.
  • Keep records of any complaints from all occupants: Record keeping can exempt you from housing disrepair claims when the need arises. Compile detailed records of repairs, routine checks and visits to tenants to prevent dispute in the future.
  • Repair Faults On Time: Landlords must take responsibility to repair works on time to avoid further damage or spread to other parts of the apartment especially with moulds. Repair exterior structures by replacing damages. Your property must meet good safety standards to avoid being exposed to housing despair claims. The interior and exterior structures must be in order, and electrical appliances should be safe for tenants to use. Take Prompt action to repair damages to avoid disrepair claim.
  • Avoid causing privacy Nuisance: For instance, if a landowner doesn’t repair pipes in the roof connecting to other flats and there is a leakage in your apartment causing serious damage it can be seen as a private nuisance.
  • Avoid negligence to damages: When a tenant in your rented property reports a damage at first do not neglect their complaints.
  • Have a registered Landlord Social insurance: As a registered social landlord, you can have access to funding from the association to renovate the apartment and work on other projects needed.

What causes disrepair?

Disrepair is simply unrepaired faults or damages. If a rented apartment is not safe to live in and necessary repair work is not done it is in a state of housing disrepair. This may include: Rising  and Penetrating damp, unsafe heating system, rough floors and stairs, broken window frames, leaking pipes and roofs, faulty wiring, loose tiles and Insect infestation.

Who is responsible for it?

The landlord is responsible for most repair work in his property. Every landowner is liable for the overall living condition of the occupants in his property.

Can I Make A Housing Disrepair claim?

If you have a pending disrepair at your property and you have complained to the landlord but he refused to take any action for months then you can make a housing disrepair claim. Call us now to register your claim if you are eligible- 0800 999 7440

What legal action can you take?

If you are living in a rented accommodation that has fallen into disrepair, you may have a disrepair claim against your landlord. Our experienced housing disrepair solicitors can help you get full compensation if you are eligible for any housing association or housing despair claim. We offer a no win no fee housing solicitors.

How Can Property Owners Avoid Being Exposed To Housing Disrepair Claims?

  • Keep property in good condition at all times.
  • Never neglect a tenant’s need for repair.
  • Prompt repair of faults.
  • Know their duties as land owners.
  • Take all safety measures.

For FREE housing advice, call

Call Us 0800 999 7440
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.

img

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.

start a claim

 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.

start a claim

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 Apr 5 | 9:47 AM by: housing

How is My Housing Disrepair Claim Valued?

Housing Disrepair Claim

As a tenant in a rented property, you deserve to live in a home that is safe and fit for purpose. Unfortunately, some landlords fail to fulfill their responsibility towards their tenants, and this can have devastating consequences. If you have had to deal with a multitude of problems in your home – ranging from damp and leaks to cracks and faulty installations – it is important that you know how much your claim could be worth.

img

At housingdisrepairclaim.co.uk, we work with a panel of specialist >housing disrepair solicitors who speak with victims of disrepair on a one-to-one basis, ensuring full understanding of the client’s situation in order to help them navigate housing disrepair problems and seek the compensation they deserve. This article discusses all you need to know about calculating disrepair claims compensation, the type of damages you can claim and what you should do to ensure a successful claim.

start a claim

Examples of housing disrepair instances include:

    • Damp and Mould

Most housing disrepair cases are a result of failure to deal with damp and mould issues. Sadly, damp and mould are leading causes of health problems following housing disrepair issues, especially among children and seniors. If your landlord has refused to get rid of damp and mould in your rented property, do not hesitate to get in touch with our housing disrepair solicitors No Win No Fee to sue landlord for mold UK.

    • Pest Problems

Have the disrepair issues in your home forced you to accommodate unwelcome guests? No tenant should live with disease-causing pests; if your landlord has failed in their legal duty to maintain your property and keep pests away, you can make claim for disrepair. Even if you are a housing association tenant, you can make a claim for housing association disrepair.

    • Structural Problems

Structural defects can easily lead to other devastating disrepair problems. It is the responsibility of your landlord to maintain the structural integrity of the rental property; if they have refused to do so and you have suffered discomfort as a result, you can make disrepair claims.

    • Defective Installations

It is the responsibility of a landlord to ensure installations such as central heating systems are not only fixed, but in good state of repair.

    • Dodgy Door, Window, Fence and Gate

Doors, windows, fences and gates are key to your safety in the home. So, if your landlord has refused to fix defective doors, walls, windows and gate, they are compromising your safety and this can lead to other disrepair problems.

The compensation award owed to you will depend on the severity of damage. Some of the factors that can determine the value of your compensation award include:

Personal Injury

This would apply if you have suffered health problems as a result of failure on the part of your landlord to keep the property in a safe and livable condition. For instance, frayed carpeting can cause a tenant to trip over, mouldy walls can lead to allergies or worsen existing conditions like asthma, and a person’s weight can cause defective floorboards to give way.

Compensation for personal injury due to housing disrepair is awarded based on the severity of the impact on your health, as well as the duration of the illness or condition suffered. Personal injury compensation due to disrepair may also cover financial losses that are a direct result of the health problem. This may include lost earnings and medical expenses; for instance, if you fell down the stairs due to its poor state of repair and missed work as a result.

Damage to Personal Belongings

Have your belongings suffered damage as a result of the state of disrepair? Maybe a pipe burst has damaged your computer due to water damage? In any case, if your personal belongings have been damaged as a result of disrepair, or you have incurred extra expense, for example having to pay increased heating bills due to faulty windows, you will be awarded compensation for this loss.

Your compensation award will likely not be calculated as the replacement value for a damaged item, but a sum that reflects the expected life span of the item that was shortened. The compensation amount will also depend on the evidence you are able to provide for the damaged items; ensure you keep receipts of your personal belongings and take photographs of any defects.

General Inconveniences

If disrepair problems in a rental property has caused you inconveniences, you do not have to suffer in silence. For instance, if you have been unable to use the bathroom the way it should as a result of unsanitary drains or damp mould or your home was flooded and became unfit for purpose, you can make claims for how the discomfort has affected your inability to use the property.

How to Determine the Value of Claim for Inconvenience

The following formula is used to calculate inconvenience and discomfort during your tenancy:

Number of months spent in disrepair x the rental amount per month = inconvenience. For instance, if your rent per month is £500 and your landlord fixed the disrepair issues 12 months after you first notified them, minus the amount of time taken to repair the damage (could range between 4 to 8 weeks depending on the problem), this is what the formula would look like:

11 months x £500 = £5,500

 

To put this into perspective, if you are renting a property with 4 rooms and 2 rooms have suffered damage as a result of damp, this would be considered 50% inconvenience since half the rooms were affected. This means the amount payable will be £2,750. Please note that this is only a rough guide. The compensation amount awarded for housing disrepair depends on the unique facts of every case.

For FREE housing advice, call

Call Us 0800 999 7440

No Win No Fee Housing Disrepair Claims

We work with a panel of No Win No Fee housing solicitors who strongly believe in providing support for victims of housing disrepair; we believe that the issues leading to your housing disrepair claim were no fault of your own and that you should not incur out of pocket expenses in order to pursue a claim for the compensation you are entitled to. We also understand that pursuing a claim against your landlord can be challenging with concerns about potential repercussions.

It is for this reason we offer a No Win No Fee agreement to tenants who have suffered the impact of living under poor conditions in a rental property. Whether you are a resident of London or Manchester, our housing disrepair solicitors London No Win No Fee and solicitors for housing disrepair claims Manchester will guide you through the claims process to help you secure the compensation you deserve without paying a penny. Our No Win No Fee service offers peace of mind to those affected by housing disrepair, especially if they have limited finances.

If you have any questions about our No Win No Fee service and how our housing disrepair solicitors No Win No Fee work, do not hesitate to contact us. We are always happy to discuss the process for you to ensure you make the right decision. We know this is a stressful time for you; you can rest assured you will not have the extra stress of seeking funds for solicitor fees.

Why Choose Us?

Working with housingdisrepairclaim.co.uk means working with a team of experienced heads in the legal industry. The panel of specialist solicitors we work with will provide answers to any questions you may have and, with our high success rate in similar cases, can guarantee you have the best chance of success with us.

If you want to begin a claim for housing disrepair, then give us a call on 0800 999 7440 for a free, no obligation advice from our friendly solicitors. You can also get a free claim assessment on our website, and we will be with you every step of the way. Our panel of experienced housing disrepair claims solicitors will be happy to assist you with the information you need to make informed decisions throughout the process, and help you secure the compensation you deserve.

What are my landlord’s responsibilities?

As a tenant living in a rental property, it is the responsibility of your landlord to keep the property in good condition and ensure repair and maintenance works are done to fix any damages. If they fail to do so, you are well within your rights to pursue housing disrepair claims.

What can I claim for in disrepair claims?

If you are considering making a claim for housing disrepair against a private landlord or local authority, you can make a compensation claim for ‘pain, suffering and loss of amenity’, damage to personal belongings such as your furnishings, clothing and other materials.

Is my landlord responsible for damp and mould?

Your landlord owes you a duty of care to ensure the rental property is free of damp and mould. Living with damp and mould can expose you to a number of health issues as a tenant; if your landlord has failed to carry out necessary repairs in a timely manner and damp has caused you allergies or other conditions as a result, you can make a claim for compensation.

START A CLAIM

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. 

img

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. 

start a claim

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. 

For FREE housing advice, call

Call Us 0800 999 7440

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. 

START A CLAIM

Posted on: Wed Feb 24 | 6:35 AM by: housing

No Win No Fee For Housing Disrepair Claims In The UK

No Win No Fee For Housing Disrepair

Everyone has the legal right to live in a well maintained and secure property. In most tenancy agreements, the landlord is required to ensure that  the property doesn’t fall into disrepair. If your rented home is in disrepair and poses a health hazard to you, your landlord is required to fix it as soon as you report it. 

img

If they fail to correct that hazard after a reasonable period of time, you have the right to file for housing disrepair claims. Whether you are a housing association tenant, your housing association also has the obligation to fix disrepairs on your property as soon as you report it. 

What is housing disrepair?

Housing disrepair can be defined as a rented property/accommodation that needs repairs for it to be suitable for habitation. Housing disrepair ranges from mould problems, broken heater, plumbing issues, gutter issues, structural cracks to leaks, broken doors or locks, electricity problems, vermin or insect infestation. 

start a claim

Many problems classified as disrepair may seem like minor inconveniences but if left unattended, might lead to much bigger inconvenience. Take for example, a small crack in your roof. If a crack in your roof is not fixed on time, rainwater can get into your house through the crack which will result in damp, which consequently causes mould. Mould in turn can ruin your furniture and clothes; in worse case scenarios make existing respiratory illness like asthma or any form of allergies worse. 

It is important to note that housing disrepair is not restricted to the interior of a house. It also covers the exterior and any other inconveniences you or other occupants of your home might have suffered as a result of disrepair. Here at Housing Disrepair Claim, our team of expert housing disrepair solicitors are on hand to lend you the support you need to pursue a claim.

What are housing disrepair claims?

A housing disrepair claim is a lawsuit that involves a tenant taking a legal action against their landlord for refusing/failing to fix damage to the property.

If you encounter disrepair in your home and you report it to your landlord – under the terms of your tenancy contract – he has the obligation to fix it within a reasonable period of time. Your landlord’s obligation to you as a tenant is written under several pieces of legislation. According to section 11 of the Landlord and Tenant Act (LTA) 1985, a landlord is required by the law to:

  • keep in repair the structure – both interior and exterior of the dwelling, including drains, gutters and external pipes,
  • keep in repair and proper working order the insertion in the residence for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity.
  • keep in repair and proper working order the installation in the dwelling for space heating and heating water.

It is important to note that this section of the Landlord and Tenant Act is applicable to you even if you do not have a Tenancy agreement. 

If your landlord refuses to fix the damaged property, you have the right to file for housing disrepair claims and with the assistance of the best housing disrepair solicitors, you can be compensated for every discomfort suffered. Landlords are generally expected to respond to disrepair complaints  usually within 20 days. But if your landlord ignores the complaints after that, you can file for housing disrepair claims. 

How to claim compensation from your landlord. 

When making a housing disrepair claim, you are entitled to compensation for :

  • General  inconvenience : 

This refers to expenses incurred as a result of housing disrepair. Usually, such disrepairs hamper your ability to use your home fully. An example is if your door frame has been infested by termites that have eaten through the woods of your door, or a leaking roof that has caused your room to become damp. You may need to pay for an alternative accommodation because your rented home became exposed and unsafe for you to live in. These could count as general inconvenience and you may be eligible for compensation for the money spent. In addition, if the presence of mould and damp or perhaps unsanitary drains could not let you use your bathroom, you can file a claim for how these difficulties affected your ability to use the house. 

  • Damage to personal property :

If there was a pipe leak and the water leaked to your electrical appliances and damaged them, you can claim compensation on costs incurred in repairing or replacing those appliances. 

  • Personal injury :

If you or any of your loved ones have suffered an injury or ill health as a result of the disrepair on your home, you can lay a claim for compensation on the grounds of injury suffered. For example, moldy walls can cause allergies or aggravate existing conditions such as asthma and other respiratory illnesses. For personal injury you can make a claim for :

  • Medical costs
  • Aftercare
  • Medication
  • Pain and suffering 

Before you can successfully make a claim for compensation from your landlord, you have to make sure you have :

  • Informed the landlord about the damage on the property. 
  • Given the landlord reasonable time to carry out repairs on the property. 

You are required to notify your landlord either through texts or email or in person. You can also write a letter to him and all this just be 21 days before filing a housing disrepair claim. It is highly recommended that you send the notice through email or texts as this will be handy as proof of the time and date you made the complaint. Doing these would at least ensure the landlord was given a chance to fix the disrepair on the property. 

Furthermore, it is also important that you keep a record of reports of disrepair made. If you made them through text or emails, you should have that kept somewhere. Date and time is also very important as these can serve as evidence for your claim should you decide to pursue it. 

More so, if you or your loved ones have suffered an injury as a result of the disrepair, you should also keep important documents such as medical reports, receipts, and pictures as evidence to be submitted to the solicitor. If you have undertaken repairs and you have receipts that show that you have, you can also get compensation for the money spent to fix the disrepair. Feel free to contact us or alternatively fill our free claim assessment form and our housing disrepair claims solicitors will reach out to you. Note that you will be required to provide necessary evidence to support your claim. The more evidence you provide, the better your chances at getting a good verdict. 

How long does housing disrepair claims take?

When tenants make housing disrepair claims, usually landlords tend to quickly fix all the necessary damages and get them working as soon as possible. However, if you/loved ones have suffered personal injury, the case may take as long as 9-12 months and this is usually dependent on the landlord and resources available to them. 

If you are a housing association tenant, contact your housing association and follow their formal complaints procedure. Once you have completed the complaints procedure, you will then be required to wait for 8 weeks. During this waiting period, your housing association will be expected to resolve the complaints for you. If it does not and you decide to bring a claim for your housing association disrepair, the following documents would help to support your claim :

  • Copies of all correspondence between yourself and the housing association talking about the disrepair. 
  • Photo and video evidence of the problem. 
  • Medical records (for personal injury sustained. )
  • Record of phone calls regarding the problem. 
  • Receipts for any expenses incurred as a result of the disrepair. 

For FREE housing advice, call

Call Us 0800 999 7440

How we can help. 

We understand that when your home is at best inconvenient for living, it can turn to a nuisance and so we want to help you. If all you want is to get your repairs done or claim compensation for extra costs or personal injury or general inconveniences, our housing disrepair solicitors offer you a No Win No Fee housing disrepair claim. 

Essentially, what this means is that you only pay us a certain percentage of your total compensation  when your claim succeeds. On the other hand, if the claim is unsuccessful, you will not be charged any fee by our No Win No Fee housing disrepair solicitors. We will investigate and ensure that your landlord complies with his/her responsibilities and pays for the repairs to be done and also pay compensation to you if required. 

Contact us today. 

If you seek to make housing disrepair claims in Manchester, please reach out to us today. We understand that making a claim against your landlord might not be entirely pleasing at first but we are here to make sure the process goes seamlessly and stays straightforward and as stress-free as possible for you. You can take advantage of our housing disrepair solicitors No Win No Fee policy and contact us online or on our housing disrepair helpline. One of our expert housing solicitors will be in touch with you to guide you through the entire process and provide you with assistance every step of the way. 

START A CLAIM

Contact us Now

[contact-form-7 404 "Not Found"]

    GET A FREE CLAIM ASSESSMENT





    Please check your details before you submit this form. By submitting your details you confirm your agreement to our privacy policy

    Office Address :

    Unit 2, Connect Business Village, 24 Derby Road, Liverpool, L5 9PR