Housing Disrepair Claims
Are you living in a rented property that is in need of repair? Landlords have a duty of care to their tenants and are obliged by law to ensure their properties are in an adequate state of repair.
If your landlord has failed to comply with their legal duty then tenants are entitled to make a housing disrepair claim against the landlord and ensure they provide safe living conditions. You may also be entitled to claim for any personal injuries suffered if you have suffered an injury as a result of the housing disrepair.
Cleary & Co Solicitors provide expert legal advice regarding housing disrepair claims and help those tenants living in poor housing conditions by ensuring the necessary repairs are carried out and where it applies, obtain the maximum level of compensation.
How Do I Know If I Can Make A Housing Disrepair Claim?
You may be entitled to make a housing disrepair claim if you have been living with disrepair to your rented property for months, or years. The main criteria for making a claim are:
- The disrepair of your rented property is ongoing;
- You have raised the issue or complained to your landlord; and
- Your landlord has failed to take any positive steps within a reasonable time.
Examples of the problems you could be experiencing are:
- Problems with damp leading to mould
- Problems to your heating system or boiler
- Rotten doors or window frames
- Leaks to the property
- Faulty electrics
- Loose tiles or brickwork
- Vermin infestation
- Problems with plumbing or sanitation
The Landlord and Tenant Act 1985
Those duties and responsibilities of your landlord are set out in the Landlord and Tenant Act 1985.
If these duties are not complied with, you may be entitled to make a housing disrepair claim.
The duties include:
- Ensuring all gas, electricity, water and sanitation are in working order.
- Ensuring central heating and electrical wiring are working.
- Ensuring fire safety regulations are met at the property.
- Ensuring the property is adequately secure.
- Ensuring external structures such as gutters are clean and structurally sound.
Homes (Fitness For Human Habitation) Act 2018
The Homes (Fitness For Human Habitation) Act 2018 confirms that Landlords must also ensure that a property is free from mould and damp. This Act provides tenants with a contractual right to take legal action against their landlord.
What Does The Process Involve?
If we believe you have an eligible housing disrepair claim against your landlord then we will take the following action:
- We will collect all the relevant evidence relating to your current living conditions and we will review your tenancy agreement;
- We will send out an independent expert surveyor to your home who will prepare a report on the repairs which need rectifying;
- We will request that the landlord complete the identified repairs within a reasonable timeframe;
- We will negotiate a settlement of your claim including compensation;
- In the event that we need to start court proceedings then we will support you by providing our legal expertise and the assistance of a Barrister (if this is required).
As part of the process we will also explore whether you are entitled to compensation for the following:
- Any injury or ill-health which has arisen as a result of the disrepair; and/or
- Any other losses you have incurred such as damage to your property or alternative accommodation you have had to pay for.
No Win No Fee Housing Disrepair Claims With Cleary & Co Solicitors
Our team of expert solicitors will act for you on a “no win no fee basis”. This means that we will carry out investigations into your housing disrepair claim without any payment of fees up front. In the event the claim is unsuccessful, we will not charge you. It is only if you win that you pay a fee.
We offer a bespoke specialist service to you as we know that each case differs based on the individual circumstances of the tenant. We are here to listen to your concerns and take the appropriate action to put things right. No one should have to live in poor housing conditions! We cover properties nationwide.
Our friendly team is here to answer your questions and help you make a housing disrepair claim. Contact Cleary & Co Solicitors on 0808 196 2773 or complete our quick Free Claim Assessment form.