A Housing Disrepair claim refers to legal action taken by a tenant against their landlord for failing to adequately address or remedy repairs within their rented property despite you notifying them of the disrepair present. As a tenant, you have a legal right to a safe and habitable living environment.
If your property suffers from disrepair, such as structural issues, dampness, leaks, faulty electrical wiring, inadequate heating, damp and mould, or broken fixtures, your landlord is usually responsible for resolving these problems.
Should your landlord fail to carry out their duty within a reasonable time frame, you as a tenant, can initiate a Housing Disrepair Claim. The aim of a Housing Disrepair Claim is to seek compensation for any losses or damages caused by the disrepair, such as distress, discomfort, and inconvenience. In addition, and most importantly, to compel your landlord to carry out the repairs to make your home a comfortable and safe place to live.
To be successful, you as a tenant must prove that you have notified your landlord of the disrepair within your property, that the property has deteriorated from a previous state, and that the deterioration has caused you distress, discomfort, and inconvenience.
The end goal of any Housing Disrepair Claim is holding your landlord accountable for their responsibilities.
Once a client’s case has been accepted, we will send a Letter of Claim to your landlord which sets out the disrepair within your property and how long you have been reporting the issues. Once your landlord receives this letter, they have 28 days to respond, provide a copy of your tenancy file and confirm whether they wish to agree to our chosen surveyor or instruct their own.
Your landlord should respond within 28 days; however, we find it is quite common that they do not. In cases where a prompt response is received, we may agree to arrange a joint inspection, this is where both our chosen expert and your landlord’s expert attend your property together to complete a joint report. If no response is received, and we consider your claim has sufficient prospects on the evidence available, we will instruct our surveyor to arrange an appointment to inspect your home.
Once the inspection has taken place, the surveyor will produce an expert report which sets out the disrepair within your property and the recommended remedial works that are required to remedy the disrepair. This is always sent to you to consider and approve before being sent to your landlord.
After you confirm you are happy with the expert report, we will consider the report and any evidence within our possession showing you have complained to your landlord. We will then calculate an estimated value of your claim. Each valuation is case specific and is calculated on the basis of the date notice has been provided to your landlord, how much rent you pay, the severity of disrepair present, and the date or the approximate date repairs have/will be completed. We will write to you in detail about this and any suggested offers we recommend should be made.
Once you have provided your authority to make an offer of settlement, we will make the offer to your landlord. Your landlord will have 21 days to consider the offer and provide a response. At this stage, your landlord may accept the offer, reject the offer, or make a counteroffer. Ultimately, if we are unable to reach an agreement, we will instruct a Barrister to consider your claim and the prospects of being successful should Court proceedings be issued.
In the event Court Proceedings are required to reach an agreement with your landlord, we will provide a full and substantive advice to you if and when this is required. We will happily explain each step and ensure your case is given the dedication and commitment it deserves.
When we are able to reach an agreement with your landlord, we always include three important terms:
Once the settlement has been agreed, we do not close your case. We are committed to ensuring your landlord carries out the terms of the agreement.
Should your landlord not complete the repairs within the period agreed, we will jump back on the case immediately and attempt to reach a further agreement with your landlord. If your landlord does not engage with us, we will issue court proceedings to enforce the terms of agreement.
Thank you for sorting my repairs, with my housing association. I didn’t stress and you communicated promptly and very efficient. I will definitely be recommending your services. Thank you once again.
They were professional and friendly and kept me abreast of developments. They negotiated a good deal for me and was more than generous in sharing the settlement ensuring it matched my expectations. A pleasure to work with.
The overall service was great. I was very pleased with everything.
I could not have solved the matter without you. I am very grateful as I was getting stressed about the situation. I was particularly impressed also with the immediate action you took to force the landlord to take action on the mice in the loft.
My claim was dealt with very well, and fast. I received a very good service in all areas and was very pleased with their services.
Everything was good. I have recommended a friend.
What Happens When You Make a Claim?
Step. 1
Simply fill in this form and provide us with as much information as possible – and make sure you double check your contact details.
Step. 2
Our team of housing disrepair specialists will go through the information you have provided and contact you to discuss how we can move forward together.
Step. 3
Once we’ve established you have a claim and have discussed the matter with you, we will start proceedings and guide you through the process with as little stress as possible.
