In a recent legal case, a Claimant was awarded substantial damages and the enforcement of repairs following a prolonged disrepair spanning six years due to the Defendant’s failure to fulfil essential obligations. The issue, centred around Housing Disrepair and poor living conditions, was ultimately resolved through the intervention of the Court, with significant efforts from the legal team at FDM Solicitors, led by solicitor Graeme Balenski, with assistance from colleagues Ellie Braiden and Jack Draper.
Chronology of the Case:
The Claimant had endured poor living conditions for around six years, with the Defendant repeatedly failing to carry out necessary repairs despite numerous promises to resolve the issues. The case was taken on by FDM Solicitors in June 2023, after the Defendant’s inaction led the claimant to seek legal recourse.
The litigation formally began on 12th September 2024, when a claim was issued against the Defendant for housing disrepair. Despite being served the claim on 16th September 2024, the Defendant did not act, failing to carry out the repairs and also neglecting to engage in the litigation process.
On 7th October 2024, the parties agreed to stay the proceedings to attempt to resolve the issue through a complaint’s procedure. However, the Defendant continued to fail to complete the necessary works during this period.
Moreover, the Defendant did not file a Defence by the deadline, prompting FDM to apply for default judgment. After further delays, the hearing was scheduled for 21st July 2025, where the court ruled in favour of the claimant.
Efforts by FDM Solicitors:
From the outset, the legal team at FDM Solicitors worked tirelessly to secure the Claimant’s rights, providing diligent representation and advocacy throughout the entire process. The team understood the urgency of the situation, knowing that each day of delay meant the Claimant would continue to live in substandard conditions. Graeme Balenski, along with Ellie Braiden and Jack Draper, ensured that all necessary legal steps were taken without delay, pushing for quicker resolutions where possible.
One of the key strategies employed by the team was to act swiftly, as the longer the case dragged on, the longer the claimant would have to endure poor living conditions. While the Defendant’s response played a role in the timeline, FDM Solicitors worked relentlessly to ensure the case moved forward as quickly as possible.
Outcome and Impact:
The court’s decision was a resounding victory for the claimant, highlighting the importance of legal representation in ensuring that tenants and homeowners receive the remedies they are entitled to. The claimant was awarded damages of around £5,200.00, alongside an order that repairs must be completed within 90 days, as outlined in the report. Additionally, the Claimant was awarded their legal costs.
The award of damages and the enforcement of repairs, coupled with the substantial legal costs, underscores the Defendant’s failure to meet their obligations, which ultimately left the Claimant with no choice but to seek court intervention.
This case also highlights the critical role of firms like FDM Solicitors, whose persistence and dedication ensured that justice was served. Despite the claimant’s long wait for resolution, Graeme Balenski and his team made sure their client was not left without remedy. This outcome serves as a powerful reminder of the vital role legal professionals play in protecting tenants’ rights and ensuring that parties who fail to meet their legal obligations are held accountable.
