Introduction to Housing Disrepair claims
Based on the situation you have fairly experienced problems with your rented property and your landlord has failed to rectify the situation, you are most likely entitled to file a housing disrepair claim. But what exactly does this mean? And how do you go about it? Lets get down to everything that you need to know when it comes to filing a housing disrepair claim; the steps to eligibility, what happens, and what level of damages you are likely to get. Legal assist, which is a legal support team, will ensure you take it step by step.
What is a Housing Disrepair Claim?
A housing disrepair claim is a legal mechanism made available to tenants, where they are allowed to justify the actions taken whenever the conditions of a rented house are not optimal. If the property has condition which endangers your health, pose a risk to your safety or comfort, and the property owner agrees to do nothing about it, you may take action to have the repairs carried out and claim damages.
Common Reasons for Housing Disrepair Claims
Damp and Mold: Mold can grow due to dampness, which can affect your health especially if someone is suffering from a respiratory disease.
Leaks and Flooding: Constant water leaks can result to flooding and the building getting damaged.
Broken Heating Systems: Most of the time people complain of too little heating system warming up the room during the cold months.
Electrical Problems: Malfunctioning wire or bad wire connections may easily lead to electric shocks or fires.
Structural Damage: Unliable systems typically includes any walls structure that develops cracks or the ceilings.
Understanding Tenant and Landlord Responsibilities
There are obligations that a tenant and her landlord have in relation to the care of the property.
Tenant Responsibilities
As a tenant, you need to:
Maintain the environment clean and not cause any damages.
Give notice of any problems, even small ones, promptly.
Provide landlord enough time and proper condition to do the repairs.
Landlord Responsibilities
Landlords, on the other hand, are responsible for:
That the property is in a sound state throughout and safe to live in.
Responding to any complaints promptly and also checking the place on a regular basis.
Managing the basic house systems such as heating, plumbing, electricity among others in an operative condition.
Having in mind the Housing Disrepair Claim Format, When can you make a Housing Disrepair Claim?
One can make a claim if:
The neglect is to such an extent that it is injurious to the health of the tenants or even aids in greater inconveniences to the tenants.
You have told the landlord about the problem but it has not been put right in a reasonable time.
The loss was not due to any carelessness or abuse on your part.
Evidence Required for a Housing Disrepair Claim
In support of your claim you have to place before the court the following evidences:
Photographic and video evidence of the disrepair.
Copies of correspondence with your landlord about the issue.
Medical records if your health has been affected.
Receipts for any expenses incurred due to the disrepair.
The Process of Making a Housing Disrepair Claim
Making a claim involves a few essential steps:
- Notify your landlord
First of all, all potential respondents should be notified of the problem in writing. Ensure that you document every communication including emails or text messages.
- Wait for the Repairs
There should be a structure for the landlord to reply and repair whatever has been damaged. The timescale that they will require will be based on how urgent the issue at hand is.
- Legal Treatment
If repairs have not been made after such a notice and a reasonable time doesn’t do so, a legal quango. Legal Assist can be contacted. We assist our customers with the various legal processes that they undertake, estimate the validity of their claims and the way the situation should be approached.
- Initiation of a Claim
Once this decision has been taken, the solicitor will make a claim for you. This may include having an external surveyor examine the property.
- Settlement or Court Proceedings
The majority of claims can be settled without litigation. However, where a landlord disputes the claim, te procedure may end up in court.
Claim Type of Compensation for Housing Disrepair Deductions
Based on our analysis, you may be entitled to one or more of the following benefits:
- General Damages
General damages are those that compensate only for distress caused by the disrepair.
- Special Damages
Special damages stand for the expenditure directly incurred, e.g., doctors’ bills or other repairs borne by the claimant.
- Personal Injury Compensation
If you have suffered any injuries as a result of this disrepair, you should be able to recover amounts for those injuries.
How Much Can You Claim?
The amount you can claim depends on factors like:
The degree of the disrepair suffered.
The length of time the disrepair issue continued.
Any direct damage sustained concerning health and wealth.
Factors Affecting Compensation Amount
Factors influencing your claim amount include:
If it is a single issue or it is related to multiple areas of concern in the property.
If it is the issue that led to a physical injury or illness.
What was the cost you incurred as a result of the issue.
Why Choose Legal Assist for Your Housing Disrepair Claim?
Legal Assist provides high-quality, caring legal consultation and representation in housing disrepair claims for tenants. We will undertake all the work of drafting and finalizing the necessary documents, negotiations, and the court when it is required. We work hard so that you do not leave with anything less than the best possible outcome.
Our Services at Legal Assist
Free Initial Consultation.
No win no fee arrangement
Perfect and dedicated service from beginning to the end of the provision of the services
Client Success Stories
There have been numerous cases where we have assisted homeowners to be compensated for the housing disrepair and here are some of these cases:
John’s Damp Dilemma: John was stuck in a very damp moldy apartment which his landlord refused to take action on. He was able to receive 3,000 for what happened to him with our assistance.
Sarahs Structural Struggles: Some months later and sitting under a broken ceiling, Sarah decided to contact us. We recovered over £5,000 on her behalf for repairs and inconvenience.
How to Get Started with Legal Assist
All those clients who want to pursue a claim, they should speak to us and get the initial consultation free of charge. Our staff will take you through the process and respond to your queries.
Frequently Asked Questions
Q1: How long does a housing disrepair claim take?
A: This is quite relative depending on the particular case but in other cases, it may take several months to a little over a year.
Q2: What if I have left the property, is it too late for me to claim?
A: Yes, you may make a claim if you suffered disrepair whilst living there even if you then moved out.
Q3: What should I do in the event that my landlord comes to try to evict me after I have lodged a complaint?
A: It is unlawful for landlords to evict a tenant as a way of retaliating a claim made against them. Consult an attorney if this occurs.
Q4: Can I file a housing disrepair claim on my own?
A: It is possible to do this however, it is preferable to engage the services of a solicitor to help with your claim.
Q5: Will my landlord be aware that I am making a claim with Legal Assist?
A: Yes, they will be notified after the claim is initiated and Legal Assist will communicate on all engagement with them.
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