no win no fee housing disrepair Archives -
Posted on: Mon Aug 23 | 6:49 AM by: housing

Tips for Claiming Compensation for A Damp Home

Has penetrating damp caused you to suffer harm and/or financial losses in your rented property? Typically, it is a landlord’s responsibility to address mould and damp caused by housing disrepair; if they fail in this regard, the tenant may be entitled to a claim for disrepair.

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What is Penetrating Damp?

Damp is an accumulation of moisture caused by the air, damage such as a leaky pipe or roof, or other disrepair. Penetrating damp refers to damp that comes through the wall from outside, into the property. Primary causes of penetrating damp include damaged roof, inadequate guttering, brickwork cracks, and damaged windows. Flat roofs could also allow for penetrating damp if they do not drain properly.

How Do I Identify Damp and How Can it Affect My Home?

Usually, a patch of damp on the wall or ceiling is one of the first signs of penetrating damp in a property. Penetrating damp may come with a musty smell and, if the damp is in a hidden area, the presence of mould may be the first sign which may quickly spread throughout the property. Damp may also affect outside a property, particularly in areas with missing roof tiles, although it is usually first spotted internally.

In mild cases, damp may damage the plaster on the wall, wall coverings, and the base rendering, requiring repair. Damp can also cause wood to rot quickly; the presence of damp in a warm home is a bad combination that can lead to the rapid decay of even the hardest wood. If left for a prolonged period, damp can even lead to the rotting of cement. This means that damp can eventually compromise the structural integrity of your rented property, making it unsafe to live in.

Damp also causes a number of health problems, particularly to infants, babies and the elderly or those with pre-existing respiratory ailment. It may also worsen the symptoms of those with asthma, with potential to make their condition life-threatening.

Is Damp My Landlord’s Responsibility?

Basically, it is the duty of your landlord to ensure the repair and maintenance of the structure of the property. However, whether the presence of damp in a rented property is the landlord’s responsibility is not a straightforward matter. For instance, penetrating damp may be a result of the landlord’s failure to ensure the structural maintenance of their rented property, but it could also occur as a result of condensation caused by the tenant’s lifestyle.

If there is any doubt as regards who is at fault, an inspection may be required. If you are unsure about whose responsibility a type of damp is, or if you would like to make housing disrepair claims due to the presence of damp, our panel of specialist housing disrepair solicitors can help. We work with a panel of experienced solicitors who have handled different types of disrepair claims by tenants, and will let you know whether your landlord could be responsible for the damp in your home.

Can I Sue My Landlord for Damp?

You may be able to make a compensation claim against your landlord for housing disrepair and inconvenience if damp has damaged your property and put your health at risk. According to Section 11 of the Landlord and Tenant Act 1985, your landlord must repair the outside and structure of the property.

This would include damp as it can eventually affect the structural integrity of the property if left untreated. In fact, the Housing Health and Safety Rating System (HHSRS) lists damp as one of the most important of mandatory repairs that landlords must perform in their property – in a prompt and effective manner – due to the health risks that damp can cause.

If you believe your landlord has failed to uphold his legal obligations to repair and maintain the rented property, then our panel of solicitors can help you sue landlord for mold UK and the damp affecting your home.

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What Can I Claim if I Have Suffered as a Result of Penetrating Damp?

A penetrating damp claim is usually filed as a housing disrepair claim, but if the presence of mould and damp has put your health at risk, you may also be able to make a personal injury claim in addition. The housing disrepair claim may include property damage, as well as any breach of the tenancy agreement.

Damp or mould may affect things such as soft furnishings, electrical items, expensive decorations (e.g., prints and paintings), furniture, clothing, and bedding. You may be entitled to a claim for compensation if your property has been damaged by damp or mould.

Personal injury claims are broadly divided into two parts: general damages and special damages. General damages refer to compensation for the pain and suffering, emotional distress, psychological injuries and any disabilities you have suffered as a result of mould or damp.

Special damages refer to out of pocket expenses you have incurred as a result of the damage, and may include loss of earnings, medical bills, travel costs, reduced future earning potential, and even loss of pension as a result of having to quit work or change jobs. If you are able to keep all relevant receipts, this will make calculating your claim much easier.

How Much Compensation Am I Entitled to for Penetrating Damp?

Whether you rented your property from a private landlord or the council, if they have acted negligently in addressing damp and mould issues in your home, you could be entitled to compensation. However, compensation amounts vary greatly as they depend on the extent of property damage, as well as the nature and severity of the illness you suffered.

When you contact us, the panel of housing disrepair solicitors we work with will thoroughly review your case to determine whether there are valid grounds for a claim. Once we have established that you can make a claim, we will give you a quick estimate of how much your housing disrepair claim could be worth.

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Can I Withhold Rent Due to Damp?

Could you withhold part or all of your rent if your rented property was damaged by damp? While you are bound by law to adhere to the terms of the tenancy agreement, there are few exceptions that allow tenants to withhold rent. If you are sure the cause of the damp is due to housing disrepair, you must notify your landlord in writing and allow them reasonable time to inspect and fix the problem; if the landlord refuses to address the problem or there is significant delay, there is a rule known as ‘set off’ which allows you withhold the rent in order to fix the problem.

Under this rule, you can arrange for repairs yourself if your landlord has refused to address the structural disrepair in the property after you reported. Once the repair is done, you should send the invoice to your landlord; if your landlord still fails to respond or refuses to agree to a settlement, then you can withhold the rent. Withholding the rent means deducting the cost of the repair, and not any consequential damages. If there are any other expenses you wish to claim against your landlord, you may sue the landlord for mould or damp.

Withholding rent can be very tricky, as you may be evicted for non-payment of rent if the process is not correctly done. Do not hesitate to speak with one of our specialist housing disrepair solicitors for advice as to how to correctly withhold rent if you find yourself in this situation.

No Win No Fee Penetrating Damp Claims

Making a claim for disrepair can be challenging, especially if you are worried about funding your claim. To help you through this process, we may be able to offer to work with you on a No Win No Fee basis if we believe there are legitimate grounds for a housing disrepair claim. This means that you do not have to pay any solicitor fees if your claim is not successful. If your claim succeeds, the majority of the costs will be covered by your landlord.

At the end of a successful claim, a ‘success fee’ (0-25% of your compensation agreed on prior to the commencement of your case) will be deducted. You can rest assured our No Win No Fee housing solicitors will do everything possible to ensure you receive the compensation you deserve so you can get your life back on track. We will guide you on how to claim compensation from your landlord and help you navigate the claims process, no matter how complex it may be.

For FREE housing advice, call

Call Us 0800 999 7440

How We Can Help

Our housing disrepair solicitors No Win No Fee have a wealth of experience in handling different kinds of disrepair claims by tenants. We have heard from different claimants in many unique situations, and work hard to ensure their concerns are addressed in a quick, clear and professional manner. Whether you are looking to make housing disrepair claims Manchester or some other place in Wales and England, we will be happy to help.

If you are ready to make a claim or you are still unsure whether you have a claim, get in touch with us by filling our free claims assessment form or calling us on 0800 999 7440 for a no obligation consultation with one of our friendly solicitors.

FAQs

Can I sue my landlord for damp?

Yes. If you live in a rented property – whether this is from the local council or a private landlord – and damp has damaged your property or put your health at risk, then you may be entitled to a claim for compensation.

How much compensation can I get for damp?

There is no fixed compensation amount for damp or any other type of housing disrepair claim. Your compensation award will depend on the extent of property damage and/or health problem you have suffered as a result of the presence of damp in your home.

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. 

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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. 

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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. 

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