If you are living in a council home, social housing or housing association property your landlord is required to ensure that your home is fit for human habitation and in proper working order.
Housing disrepair is when a rented property deteriorates or requires repairs so that it is safe and suitable to live in, it is your landlord’s responsibility to ensure a reasonable living standard is met.
Housing disrepair usually consists of the following issues:
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As part of their duty to ensure that your property is safe and liveable, landlords are always responsible for repairs in a reasonable period of time to the following:
Your landlord cannot charge you for any of the repair work listed above and they are responsible for these repairs irrespective of what your tenancy agreement says. However, if your landlord agrees they may also be responsible for additional repairs too, this depends on your tenancy agreement. If you’re looking for advice contact our team today on 0333 050 8887
If your landlord refuses to make repairs to your property that they are responsible for then you may be able to make a claim against them.
To be eligible to make a claim you must have informed your landlord about the disrepair, you will need to provide evidence and we can assist you with this process. If your landlord has failed to make a repair within reasonable time limits then you can claim against them.
Housing disrepair claims can be made either during your tenancy or after your tenancy, however, you must make the claim within 6 years of the date that you provided notice to your landlord about the disrepair. Personal injury claims must be made within 3 years of received notice.
It’s important to note that your landlord may not be responsible for repairs including repair faults if they are a result of you either not taking care of the property properly or doing something unreasonable. We currently do not accept private landlord claims, as a rule of thumb if you have used a letting agent or your landlord is an individual we may not be able to assist you.
When you make a disrepair claim the court can order your landlord to carry out the repairs. As well as this, you can also be awarded compensation for several reasons, including:
Damage to belongings – compensation for any belongings that have been damaged or destroyed as a result of the poor condition of the property. You can also claim for damage to belongings that were caused during repairs that your landlord made.
Financial loss – If you have suffered financial loss as a result of your landlord failing to carry out repairs then you can claim for this. Note if you are in rent arrears this will impact your outcome.
Personal injury – If you have been injured as a result of your landlord’s negligence then you could make a personal injury claim. This could include respiratory problems as a result of damp or mould, injuries as a result of slipping or tripping hazards, carbon monoxide poisoning and other types of injuries. We can assist you with medical reports, expert evidence and court action proceedings.
Inconvenience – compensation for inconveniences such as general disruption to your daily life, not being able to use your home or having to wait for repairs to be carried out.
The process of making a claim against your landlord is difficult, which is why you will need the help of a legal expert. If you wish to make a claim then the first thing that you should do is speak with a professional about your situation to find out whether your case meets the criteria for a claim.
Before you can make a claim, you must follow the Pre-Action Protocol for Housing Conditions Claims. The pre-action protocol outlines a number of steps that you must follow before you can make your claim. If you fail to follow these steps then you could face sanctions at a later point during proceedings. The steps include attempting to find an Alternative Dispute Resolution, submitting a letter of claim to your landlord and requesting necessary documents from your landlord.
If your landlord fails to respond you your letter of claim or the response is not satisfactory then you can issue proceedings by applying to the county court.
We know that living with housing disrepair can be a stressful and frustrating experience that can put the health and safety of you and your family at risk, that’s why we are here to support you. Our team of lawyers specialise in housing law and are experts when it comes to dealing with disrepair cases as well as personal injury claims. With their expertise, you can get the help and compensation that you deserve.
Housing disrepair cases are very complex, this is why it is highly recommended that you seek the assistance of a legal professional to help you with your case. As specialist housing disrepair lawyers, we know exactly what it takes to make a successful claim based on the repair issues.
We can do an initial assessment of your case to find out the details and determine whether you are eligible to make a housing disrepair claim. From here we can provide you with reliable legal advice about what your next steps should be. If you decide that you would like to go ahead with your claim then our team will assist you throughout the process, this includes ensuring that you follow the pre-action protocol, submitting your claim, helping you to gather all of the required evidence and representing you at your hearing.
Our solicitors will be there for you throughout the entire process. For more information about the services that we offer, contact our team today on 0333 050 8887
Filing a claim can be a costly process. Depending on the severity of your case you could be entitled to Legal Aid to help you with these costs, however, Legal Aid funding is only available in cases where there is a serious risk to the health and safety of the tenants living in the property.
If Legal Aid is not available then you will need to cover the costs yourself, the cost varies depending on the court route you take. There are three court routes available, they are known as small claims, fast track and multi-track.
If your claim for compensation is under £10,000 then your case could be heard in small claims court. However, if you are seeking an order for repairs to be made then the case can only be heard in small claims if the cost of repair work is under £1000 and the damages are under £1000. If your case is not eligible for small claims then it will usually be allocated to the fast-track court.
If you win your case then your landlord can be ordered to cover your costs for you.
Court proceedings & fees can vary from case to case, our lawyers can tell you more about the fees that you will need to pay, call us on 0333 050 8887 to claim today.
It doesn’t matter whether your landlord is the local authority council or a housing association, if they fail to uphold their responsibility of ensuring that you are safe and comfortable in your home then you can sue them because of your poor living conditions which include damages for personal injury and we would generally look to file a personal injury claim at the same time.
Our housing disrepair lawyers believe that everyone should be able to access reliable and professional assistance with their housing disrepair issues, this is why we work on a no-win, no-fee basis however we can not assist you if you are a private tenant, you still have rights and we would advise you to review the tenant act before you instruct legal action or seek advice from a firm that caters for private tenants with the legal costs covered on a no win no fee basis.
This means that if you lose your case, you won’t be charged legal costs for our services. You won’t need to pay any up-front costs, instead, if your case is successful the payment will simply be deducted from the compensation that you receive. A ‘no win no fee basis, is formally known as a conditional fee agreement. We are regulated by the solicitors regulation authority, we are not middlemen nor are we a claims management company so by working with us directly you will receive the best possible service.
The compensation awarded for housing disrepair claims varies from case to case. Compensation is calculated based on several factors including:
In some cases, if your property is completely uninhabitable, you could be awarded 100% of the cost of your rent for the duration of time that the issue has persisted, however, this is unusual. Generally, you can expect to receive between 25% to 50% of your rent in compensation.
All tenants have the right to a safe home. If your landlord fails to make repairs that they are responsible for you could be eligible to file a legal aid compensation claim for damage, personal injury, financial loss or nuisance. We will need to see a copy of the tenancy agreement including the tenancy conditions upon instruction.
The compensation that you could be entitled to depends on how severe your housing disrepair issue is and how long the poor conditions in the property have persisted. In most housing disrepair cases tenants could receive between 25 – 50% of the rent you have paid. Our housing solicitors can let you know how much compensation you could receive due to landlord negligence, get in touch with us to find out more.
Yes. Mould can cause many issues including damage to your belongings as well serious health issues that you can seek restitution for. If the mould in your rental property has occurred because of a repair issue then you can make a claim for disrepair. Our housing disrepair lawyers can help you to take legal action to get the compensation that you deserve.
The disrepair protocol is a series of steps that you must take before you make a claim against your landlord. They include attempting to find an Alternative Dispute Resolution, sending a letter of claim to your landlord and waiting a reasonable amount of time for a response from your landlord. It is very important that you follow the protocol correctly, our housing solicitors will ensure that all the pre court action steps for your potential claim are completed.
Yes, it is possible to sue your landlord for damp issues that countinue to create poor housing conditions in your property. For example, if the damp has damaged your belongings, disrupted your daily life or has made you ill.