Housing disrepair

Are you living in a property that is in need of repair and does not meet a reasonable standard of living? At Hannah Gold Solicitors, we can assist you in addressing these issues with your landlord.

Housing disrepair refers to a rented property that requires repairs to make it safe and suitable for tenants to live in. Landlords have a legal obligation to ensure that the property is structurally sound, free from dampness and mould, has functioning heating, plumbing, and sanitation, and is free from vermin and insect infestation. If your landlord fails to make necessary repairs within a reasonable time frame, this can be considered housing disrepair.

Landlords are responsible for addressing these issues regardless of whether the tenant is living in a social or private rental property. Under the Homes (Fitness for Human Habitation Act), repairs are considered a contractual obligation and tenants have the right to take legal action if their landlord fails to meet this obligation.

Here are some examples of housing disrepair, although it is not an exhaustive list:

Damp and mould: Persistent dampness or mould growth due to inadequate ventilation, plumbing leaks, or poor insulation.
Structural defects: Cracks, subsidence, or other structural issues affecting the property’s stability or safety.
Roof leaks: Water entering through damaged or poorly maintained roofs, leading to damage and potential health hazards.
Faulty electrical installations: Damaged or outdated electrical systems that pose a fire or electrocution risk.
Inadequate heating: Broken or insufficient heating systems, leading to cold and uncomfortable living conditions.
Plumbing issues: Leaking pipes, blocked drains, or faulty sewage systems causing water damage, foul odours, or sanitation concerns.
Broken windows or doors: Damaged or poorly maintained windows and doors that compromise security, insulation, or weatherproofing.
Pest infestations: Infestations of rodents, insects, or other pests due to inadequate property maintenance or repairs.
Asbestos exposure: Presence of asbestos-containing materials in the property, posing a risk to health if disturbed or damaged.
Inadequate sanitation facilities: Broken or insufficient toilet, shower, or bathing facilities, leading to unsanitary living conditions.
Defective flooring: Uneven, damaged, or poorly maintained flooring causing trip hazards or other safety concerns.
Faulty gas installations: Damaged or poorly maintained gas appliances or piping, posing a risk of gas leaks, fires, or explosions.
Inadequate lighting: Insufficient or faulty lighting in communal areas or stairwells, leading to potential accidents or security concerns.
Hazardous common areas: Poorly maintained or unsafe common areas, such as stairways, balconies, or walkways, posing a risk to residents.

In the event of housing disrepair, it is important to first notify your landlord of the issues. If repairs are not made and your home becomes unsafe or uninhabitable, you may be eligible to make a claim. If you are unsure about who is responsible for repairs in your rental property, our firm can provide guidance and free legal advice to help you navigate the situation.

Housing Disrepair Claims: No Win No Fee Compensation

We specialise in housing disrepair compensation and are expert no win no fee housing disrepair lawyers in the UK. Discover your rights and how much you can claim for council housing disrepair claims.

Housing Disrepair claims Compensation: What You Need to Know

Housing disrepair compensation is designed to provide financial redress to tenants and homeowners who have suffered as a result of their landlord or housing association’s failure to maintain their property to an adequate standard. In this guide, we will discuss the key aspects of housing disrepair compensation, including eligibility, types of compensation, and the process of making a claim.

Who is Eligible for Housing Disrepair Compensation?

Tenants and homeowners may be eligible for housing disrepair compensation if:

Their landlord, housing association, or council has a legal responsibility to maintain the property.
The property has fallen into disrepair due to the landlord’s failure to carry out necessary repairs or maintenance.
The tenant or homeowner has notified the landlord of the issue and given them a reasonable amount of time to rectify it.
The disrepair has caused damage, injury, or significant inconvenience.
You are still living in the property that is in disrepair when you make a claim

Types of Housing Disrepair Compensation

There are several types of compensation that may be awarded in housing disrepair claims:

Repair costs: The cost of repairing the property to bring it back to an acceptable standard, including labour and materials.
Personal injury compensation: If the disrepair has resulted in physical injury or illness, compensation may be awarded to cover medical expenses, loss of earnings, and pain and suffering.
Damage to personal property: If belongings have been damaged or destroyed as a result of the disrepair, compensation may be awarded to cover the cost of repair or replacement.
Inconvenience, distress, and loss of enjoyment: Compensation may be awarded to reflect the negative impact the disrepair has had on the occupant’s daily life and well-being.

To get a better understanding of how much your compensation claim could be worth please take a look at our detailed List of Compensation amounts guide

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Steps to Claim Housing Disrepair Compensation

Gather evidence: Collect photographs, documents, and correspondence relating to the disrepair to support your claim. This may include photographs of the damage, medical records, and copies of letters, emails or text messages sent to your landlord.
Seek legal advice: Consult us to assess your case and advise on the best course of action. We can guide you through the process and represent your interests throughout the claim.
Notify your landlord: We will send a formal letter to your landlord, housing association, or council outlining the disrepair and your intention to claim compensation. We will include evidence and give them a reasonable deadline to respond.
Begin legal proceedings: If your landlord fails to take action or negotiate a settlement, as your housing disrepair lawyer, we can initiate legal proceedings on your behalf.
Negotiate a settlement: Most housing disrepair compensation claims are settled out of court through negotiation. We will work to secure the best possible outcome for you.
Attend court: If a settlement cannot be reached, your case may proceed to court. Your housing disrepair lawyer will represent you and present evidence to support your claim.

Time Limits for Housing Disrepair Compensation Claims

Firstly, before you consider making a claim, you must still be living in the house that is in disrepair. In the UK, housing disrepair compensation claims are subject to time limits. Generally, you have six years from the date the disrepair occurred or became apparent to make a claim. For personal injury claims resulting from housing disrepair, the time limit is usually three years from the date of injury or diagnosis. It’s crucial to consult a housing disrepair lawyer as soon as possible to ensure you don’t miss the deadline for your claim.

How Much Compensation for Housing Disrepair?

The amount of compensation awarded in housing disrepair claims depends on several factors, including the severity of the disrepair, the duration of the problem, and the impact on the occupant’s health and well-being. Compensation can cover:

The cost of repair works.
Personal injury or illness caused by the disrepair.
Damage to personal belongings.
Inconvenience, distress, and loss of enjoyment.

Can my landlord evict me if I make a claim?

Social and Council Housing tenants are safeguarded by laws that prevent eviction solely for initiating a compensation claim against their landlord. As long as you maintain your rent payments, you are shielded from eviction, even if you pursue a claim.

If however you are in rent arrears, then it is important you have a payment plan in place. Even a nominal payment plan of £1 per month is considered sufficient.

In contrast, private tenants have fewer legal protections, and their landlords can issue a Section 21 Eviction notice. It’s crucial to note that “revenge evictions” are prohibited by law, and landlords must adhere to the proper legal process. It is important to note that withholding rent payments during your housing disrepair claims may provide your landlord with legal justification to initiate eviction proceedings due to non-payment of rent. Therefore, it is advisable not to withhold rent payments at any stage of the process.

Moreover, if the council serves your landlord with an improvement or emergency remedial action notice, you are granted immunity from a valid Section 21 eviction notice for the subsequent six months.

Can I still claim if I have a private landlord?

Absolutely, you possess equal rights as any other individual and are entitled to initiate a claim.

How long will my housing disrepair claim take to settle?

On average a claim can take around 9-12 months to settle. More complex claims or claims where court proceedings need to be issued can take longer.

Your Trusted Housing Disrepair Lawyers

If you’re in search of housing disrepair lawyer, at Hannah Gold Solicitors, we pride ourselves on delivering exceptional legal services to tenants across England & Wales who have suffered due to housing disrepair.

Expert No Win No Fee Housing Disrepair Solicitors

Our no win no fee housing disrepair solicitors ensure everyone the access to quality legal representation, regardless of their financial situation. That’s why our housing lawyers offer a no win no fee service to all our clients, ensuring that you can pursue your housing disrepair claim without any financial risks. If we don’t win your case, you won’t have to pay a penny.

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