If you are, or have ever been in rented accommodation that is suffering for any level of disrepair (leaks, broken heating, mould growth), and your landlord isn’t taking the necessary steps to repair the issues, then you may look to a housing disrepair solicitor for assistance. Legal Professionals such as FDM Solicitors are experts in representing council and housing association tenants in cases where landlords have neglected their responsibilities to maintain their properties to a suitable standard. This article will guide you through what housing disrepair is, the common issues faced by tenants, and how housing disrepair solicitors can help resolve these problems.
Understanding Housing Disrepair
Housing disrepair refers to a condition where a home is in need of varying levels of repair in order for it to stay safe and suitable for the tenants to live in. It typically ranges from structural problems to faulty heating systems, black mould to leaking roofs and more. When tenants have reported this issues to their landlords, and their landlords have failed to act, it can lead to discomfort, health problems, and in some cases, danger to the tenants.
What type of issues would be classed as Housing Disrepair?
There are several elements that can be classified under housing disrepair, including:
- Damp and mold growth
- Broken heating or boiler systems
- Leaking roofs or windows
- Unsafe electrical wiring
- Pest infestations
- Structural damages
When these issues are not addressed, they can not only cause inconvenience for the tenants but also pose serious risks to the health and well-being of occupants and their families.
The Role of Housing Disrepair Solicitors
Housing disrepair solicitors are legal experts who specialise in the area of landlord and tenant law, with a focus on cases where landlords have neglected their duties. These solicitors can play a pivotal role in ensuring that tenants live in safe and well-maintained properties.
Assessing Your Case
If you’re facing housing disrepair, the first step a solicitor will take is to assess your case. They will consider the extent of the disrepair, the landlord’s response to complaints, and any evidence that supports your claim. An initial consultation with FDM Solicitors is free, and done on a no obligation basis, to determine whether you have a strong case against your landlord.
Legal Representation
FDM housing disrepair solicitors will provide you with legal representation in your case. We will handle all communication with your landlord and if necessary, represent you in court. Our objective is to ensure that your landlord carries out the necessary repairs and, where applicable, secure compensation for any harm suffered or damages incurred due to the disrepair.
Common Tenant Issues and How Solicitors Can Help
Tenants can be subject to a variety of issues when it comes to housing disrepair in their home. Here are some common problems and how FDM housing disrepair solicitors can assist.
Dealing with Landlord Negligence
When landlords ignore requests for repairs, it can be frustrating and disheartening for tenants. Solicitors can intervene by formally notifying the landlord of the disrepair and the need for immediate action, normally providing the tenants have been consistently reporting the issues for a period of at least 3 months. They can also escalate the issue legally if the landlord continues to be unresponsive, culminating in litigation if required.
Securing Compensation for Property Damage
If personal belongings have been damaged due to disrepair in the home, such as water damage from a leaking roof, or excessive mould growth due to poor ventilation, tenants are entitled to make a claim for compensation. This can cover the cost of replacing or repairing damaged items.
Addressing Health Issues
Excessive damp and mould can cause serious health issues, and exacerbate previously existing health problems like asthma, and other breathing difficulties. Tenants can, in addition, seek compensation for personal injury and health issues that are a direct result of the disrepair.
The Legal Process
The legal process for housing disrepair claims can be complex, but FDM solicitors can help guide you through each step.
Sending a Letter of Claim
Following the initial consultation and subsequent instruction of your solicitors, the first step in the claims process will be sending a Letter of Claim to the landlord, outlining the disrepair issues and the required actions. This letter also includes a request for compensation if applicable.
Gathering Evidence
Collecting evidence is crucial for a successful claim. Your solicitor will typically instruct a qualified housing disrepair surveyor to create a disrepair report of your property, gathering photographs of the disrepair and taking measurements of damp and air levels to create an expert report. Your solicitors will also collate medical reports for any health issues, and records of communication with the landlord to ensure you have the strongest case possible.
Negotiation and Settlement
In many cases, housing disrepair claims are settled out of court. Your solicitor will negotiate with the landlord or their legal representatives to reach a satisfactory settlement that ensures the repairs are completed by the landlord within an agreed upon timescale, and that compensation is paid.
Court Proceedings
If a settlement cannot be reached, your solicitor will prepare your case for court. They will represent you throughout the court proceedings, presenting evidence and arguing your case to ensure the best possible outcome.
Choosing the Right Housing Disrepair Solicitor
When selecting a housing disrepair solicitor, it’s important to choose someone with experience and a track record of success in this field. FDM solicitors will represent you on a no win, no fee basis, which means you won’t have to pay any fees unless your claim is successful.
Living in a property that’s not properly maintained can be stressful and harmful. Housing disrepair solicitors provide the legal expertise and support needed to hold landlords accountable and ensure that tenants live in safe, well-maintained homes.
If you’re experiencing issues with housing disrepair, don’t hesitate to contact FDM Solicitors for help. We will fight for your case to ensure that repairs are made and compensation is paid to you for any damages or health issues you’ve suffered as a result of landlord negligence.
