Housing Disrepair Claims
If you are a tenant in rented accommodation and your property is in a state of disrepair then you may be entitled to compensation. The disrepair is not limited to your property but also common areas outside your property that are still in the control of the landlord.
It is important your landlord provides you with accommodation free from faults and fulfills all its obligations of carrying out essential repairs or improvements within a reasonable time and failure to do so may constitute disrepair.
It is imperative you notify your landlord of the disrepair immediately (if not done so already) and keep a record of the number you called (or a copy of the email / letter sent), date of the notification, time of the notification, person spoken with and what was discussed.
Housing disrepair can consist of but not limited to the following:
- Damaged windows / doors
- Damaged plaster work
- Blocked drains / gutters
- Defective heating
- Water damage
- Electrical faults
- Rats/Mice or insects
WHAT CAN I CLAIM FOR?
If your case is successful, we can request the Landlord to:
- Repair the disrepair to your property (not limited to)
- Seek damages for out of pocket expenses due to the disrepair, damage to belongings, travel expenses etc
- Seek damages for inconvenience, discomfort, mental distress, loss of enjoyment, ill health and potentially cost of alternative accommodation.
The compensation amount will depend on the facts of your case.
Our specialist solicitors will provide you with expert advice and guide you through the claims process.
We are here to help and offer a no obligation free consultation to discuss your case.
We offer appointments by telephone at a time and day convenient to you and if you wish, you can see us at our office too but this is not compulsory as a telephone consultation is sufficient.
The claim will operate on a NO WIN NO FEE basis.
CAN I MAKE A CLAIM?
If you are a tenant then you and possibly other occupants of the property are entitled to make a claim for any defects (including potentially any injuries suffered as a result of the defect) to the property the Landlord has been notified of and has failed to repair within a reasonable time.
HOW MUCH DOES IT COST TO MAKE A CLAIM?
We operate on a no win no fee basis. Firstly we will assess your case and if we are satisfied you have a claim, we will then advise you of the same and the next steps. Our costs will be claimed from the landlord / landlords insurers and you only pay a fee upon successful completion of your case (success fee) and our fee will be deducted from your damages to a maximum of 25% of your compensation.
WHAT CAN I CLAIM FOR?
- Repairs to the property including carpet, lighting etc
- Damage to personal belongings for you and other occupants
- Personal injury to you and other occupants if the injury is linked to the disrepair
- Rental payment refund
- Increased bills due to defect
The compensation will be based on the level of damage caused by the defect and the period of time the defect was present. We will advise you further once your case has been assessed and a full review is carried out.
HOW LONG WILL MY CASE TAKE?
Each case will depend on its merits and how quickly the landlord deals with the claim but generally, cases take between 6-12 months to settle if court proceedings do not have to be issued. If the landlord replies to our claim and deals with the matter then cases can settle in under 6 months.
DO I CONTINUE TO PAY MY RENT?
We strongly advise you to continue paying the rent. If you stop paying rent then you are in breach of your tenancy agreement and the landlord can make a counterclaim. Any disrepair which results in compensation will mean you will be able to claim compensation to cover the rent you have been paying (on a percentage basis).
CAN I BE EVICTED FOR MAKING A CLAIM?
The simple answer is NO. A claim for housing disrepair is your legal right if the property is in disrepair and you are not in breach of your tenancy agreement, therefore you cannot be evicted for making a claim.
HOW LONG HAVE I GOT TO MAKE A CLAIM?
You have 6 years to make a claim for the disrepair from the date of knowledge of the disrepair.
You have 3 years to make a claim for injury suffered as a result of the disrepair.