Housing Disrepair Solicitors

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Are you a council or housing association tenant with health problems caused by mould and damp? Are disrepairs causing your utility bills to become abnormally high and causing you financial troubles? You’re not alone. We’ve helped 1000s like you! If your landlord has failed to carry out necessary repairs within a reasonable amount of time, you may bring a claim against them. We will help you determine whether you have a valid claim and how much you may be entitled to.

Don’t be ignored and fobbed off any longer. Contact us now, and our experienced housing disrepair solicitors will fight on your behalf for your repairs and for the maximum amount of compensation due to you. We work on a 100% No Win No Fee basis, so you won’t pay anything unless we win. Our success fee is both ethical and one of the lowest in the market.

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Types of Housing Disrepair

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If a rented property requires repairs to make it safe to live in, it’s considered to be in disrepair. The law states that all rental accommodation in England and Wales must meet basic standards of health, safety, cleanliness and durability and be fit for human habitation, regardless of its age or condition.

Frequently seen signs of housing disrepair typically include issues like damp, mould, leaky roofs, plumbing issues, heating problems, damaged walls or ceilings, and structural issues. These problems not only affect your home’s structure but can also impact the well-being of its occupants.

Housing disrepair claims protect you and your rights if your landlord has failed to repair the necessary damages within your home. Understandably, it may frustrate you to live in unsafe accommodation and not be able to get the repair work done in a timely manner. A housing disrepair claim is a legal action taken by a tenant against their landlord to seek compensation or repair for issues related to the poor condition of a rented property.

Are you a council or housing association tenant? Unfortunately, not all council and housing association properties are going to be new and in perfect condition. After all, the majority of current council homes were created in the 1950s or the 1960s. According to the most recent English Housing Survey, there are around 76,814 buildings that are in a substandard condition. The majority of these are old council houses.

Worse still, the disrepair may cause damage to your belongings or even cause you to suffer a personal injury. Remember that your landlord owes you a duty of care which they need to take seriously. If they have failed, you need to start making enquiries into housing disrepair claims.

The most common disrepair issues include persistent damp, spreading mould, faulty heating systems, water leaks, and pest infestations. These problems often worsen during colder months or when left unaddressed.

A Category 1 hazard is a serious risk to the health or safety of tenants, as defined by the Housing Health and Safety Rating System (HHSRS) under the Housing Act 2004. These hazards require immediate action from landlords to prevent harm. Examples include damp and mould, excess cold, structural issues, fire hazards, and pests or vermin. Category 1 hazards must be addressed urgently. When identified, local authorities can compel landlords to fix the problem. If you suspect a Category 1 hazard, report it to your landlord and consult a housing disrepair solicitor for assistance.

Asbestos is a hazardous material that can pose serious health risks if disturbed or damaged, releasing harmful fibres into the air. In the context of housing disrepair, tenants may encounter asbestos in older properties, particularly in insulation, roofing, or flooring. If the material becomes exposed due to disrepair, such as cracks, leaks, or renovations, it can lead to respiratory diseases and other long-term health conditions. Landlords have a legal responsibility to manage and mitigate the risks associated with asbestos. If asbestos is present or disturbed in your home, it is crucial to report the issue immediately and seek professional advice.

It’s important to understand that your landlord is responsible for the upkeep and maintenance of your house. Your duty as a tenant is to keep your home clean and tidy. However, your landlord needs to make sure that it is in a habitable state to be lived in. That means there can’t be anything in your home that could cause a personal injury or an inconvenience.

Some examples of what they are responsible for include:

• Providing access to working sanitation e.g. toilets, sinks, etc.
• Gas, electricity, heating system and water maintenance.
• Issues with mould and damp within the house.
• Issues with vermin or pest infestation.
• Fire safety items such as smoke alarms.
• External structure damages and problems.
• Security within and around property.
• Ensuring that gutters and drains are clear and working.

You should document the issue with photos or videos and report it to your landlord in writing. Be clear about the problem and its impact on your living conditions. Always keep copies of communications for your records.

The responsibility for repairing housing disrepair issues typically falls on the property owner, whether that is a landlord, housing association, or homeowner. In rented accommodations, it’s the landlord’s responsibility to maintain the property in good condition.

Tenants are usually responsible for minor maintenance like changing light bulbs or clearing drains. It’s a good practice to include a list of tenant responsibilities in the tenancy agreement. However, major repairs to the property’s structure or essential systems are the landlord’s duty.

You should report the disrepair issues to your landlord as soon as possible. They are legally obliged to address and resolve the matter promptly. Write a detailed letter or email outlining the issues, including photos for evidence. Specify the necessary repairs and set a reasonable deadline. Be clear and concise in your communication. If your landlord fails to respond or address the problem, follow up with them. Consider involving local authorities or seeking legal advice to protect your rights as a tenant. Throughout the process, maintain proper documentation to support your case and ensure a safe place to live.

For non-urgent problems, landlords generally have around 30 days. For urgent matters like broken heating in winter or severe leaks, action should be taken within days to avoid harm or damage.

When you sign a contract with your landlord saying you will pay rent to stay in their accommodation, they have a legal duty to keep you safe. If they fail to adhere to this duty of care, then they could be held guilty of negligence.

Negligence could occur if your landlord:

• Ignores your requests for help.
• Becomes aggressive when asked for help.
• Causes more damage by using an unqualified tradesperson.
• Demands that you pay for the damages.
• Demands that you fix the damage yourself.

If you have reported the disrepair to your landlord and they fail to help you within one month, it’s time for you to start looking for legal help. This is where SilverOak Solicitors can step in to help you understand whether or not you could be eligible for compensation.

Every housing disrepair matter varies in severity, so we cannot determine how much you may be entitled to until we assess your case. This is a detailed list of the things you can claim for:

Damage to Property:

If your personal property has been damaged, from mould or a leak, for example, you will be able to claim for the expense of replacing or repairing these items. Examples might include broken TVs, damaged bedding, clothes, carpets, and furniture.

Personal Injury:

Housing disrepair can cause a number of adverse health effects, including:

• Pneumonia,
• Asthma,
• Gastrointestinal problems,
• Carbon monoxide poisoning,
• Depression and anxiety.

Furthermore, if you or a family member has suffered as a result of your landlord’s negligence, you can claim compensation for:

• Medical costs,
• Aftercare,
• Medication,
• Pain and suffering.

General Inconvenience and Suffering:

You do not need to have suffered an injury to claim compensation. You can receive compensation if the disrepair has caused you inconvenience and suffering. For example, if you have been unable to use the bathroom or have been unable to cook.

Did you know that the most common housing disrepair claims are about mould and damp? Apparently, one in five homes are infected with mould. Unfortunately, mould can leave your clothes and house smelling strange. It can also make it more likely that you could suffer from breathing issues and eye infections. Speak to your landlord quickly to get it treated.

It’s crucial to document housing disrepair issues thoroughly. Take photos, keep records of communications with your landlord, and gather any relevant paperwork, such as inspection reports and repair requests.

Your disrepair evidence can include:

• Photographs,
• Videos,
• Witness Statements,
• Medical Records,
• Police Records,
• Diary Entries,
• Damaged Belongings,
• Receipts.

You should send all the information you have to us to ensure that your claim can move forward smoothly. We will take your evidence and use it to prove your case to your landlord. That way, we can prove that the landlord’s negligence requires compensation for their actions and settle a compensation agreement.

The timeline varies, but most claims are resolved within six to eight months. Complex cases or uncooperative landlords may take longer to settle.

Yes, if the disrepair has directly caused physical harm, such as asthma from mould or an injury from unsafe flooring or a collapsed ceiling, you can include personal injury compensation in your claim.

If you feel nervous that your landlord may act aggressively towards you due to the fact that you have made a complaint, we can handle the settlement agreement and all the future interactions. You have nothing to worry about. Your lawyer will be the person to speak to your landlord instead of you.

In some cases, tenants may have the right to withhold rent if their landlord is not addressing housing disrepair issues. However, it is essential to follow proper legal procedures when starting a housing disrepair claim, and you should seek legal advice from an experienced housing disrepair solicitor.

If you’ve paid for repairs, keep all receipts and proof of the work done. You may be able to reclaim these costs through a housing disrepair claim or negotiate with your landlord for reimbursement.

Housing disrepair can have serious and wide-ranging effects on your physical and mental health, especially when issues are left unaddressed. Below are some common ways disrepair impacts tenants’ well-being:

Respiratory Issues

Damp and mould are among the most frequent problems in disrepair cases. Exposure to mould spores can worsen asthma, trigger allergies, and cause respiratory infections, particularly in children, the elderly, and those with pre-existing health conditions.

Cold-Related Illnesses

A broken heating system can lead to prolonged exposure to cold temperatures, increasing the risk of hypothermia, respiratory illnesses, and even cardiovascular problems. The cold can also aggravate conditions like arthritis or joint pain.

Personal Injuries

Loose flooring, broken stairs, or cracks in the structure can pose serious risks of trips, slips, and falls. These injuries can range from minor bruises to severe fractures, especially for vulnerable individuals like the elderly.

Pest-Related Health Concerns

Infestations of rats, mice, or insects can contaminate food and surfaces, spreading diseases such as salmonella or hantavirus. Bedbugs and fleas can cause itching, skin irritation, and allergic reactions.

Mental Health Strain

Living in unsafe or poorly maintained conditions can lead to high levels of stress, anxiety, and even depression. The constant worry about your safety, financial burdens from damages, or feeling neglected by a landlord can take a significant emotional toll.

Spread of Infectious Diseases

Poor sanitation due to faulty plumbing or blocked drains can create breeding grounds for bacteria, leading to infections or waterborne illnesses like E. coli.

Housing disrepair can pose serious risks to children’s health, safety, and well-being. Young children are particularly vulnerable to the hazards associated with unsafe or poorly maintained homes, as their developing immune systems and smaller physical size make them more susceptible to harm. Especially, exposure to damp and mould can exacerbate asthma, trigger allergies, and lead to respiratory infections. Broken stairs, loose flooring, or collapsing ceilings pose significant risks of trips, slips, and falls, which can result in severe injuries. For children, these conditions can hinder growth and overall health.

Do you need legal support making your housing disrepair claim?

Making a housing disrepair claim

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Housing Disrepair Solicitors Near You

Are you looking for a housing disrepair solicitor? You are in the right place. We’ve been serving the local community for years and have earned a solid reputation. We are a friendly law firm based in London, proudly offering our services across England and Wales. We know that the law can be very complex, so it’s important to have an expert by your side. Whether you need us to help or just want to learn more about your options, we are happy to assist.

Key UK Laws Governing Housing Disrepair

Landlord and Tenant Act 1985: This foundational law requires landlords to keep the structure and exterior of rented properties in good condition. It also mandates proper functioning of essential systems, including water, gas, electricity, sanitation, heating, and hot water.

Homes (Fitness for Human Habitation) Act 2018: Building on the Landlord and Tenant Act 1985, this law ensures that all rental properties meet basic standards of safety and comfort. Landlords are legally obligated to make their properties habitable at the start of and throughout a tenancy. Tenants can take legal action if their landlord fails to meet these standards.

Housing Act 2004: This legislation introduced the Housing Health and Safety Rating System (HHSRS), a method for assessing potential hazards in residential properties. It places responsibility on landlords to address identified risks to ensure the safety and well-being of tenants.

Defective Premises Act 1972: This Act establishes a landlord’s duty of care, requiring them to ensure that tenants and visitors are not harmed by defects in the property. It covers personal injury and property damage caused by unsafe or poorly maintained premises.

Environmental Protection Act 1990: This law empowers local authorities to intervene if a rented property creates a statutory nuisance, such as severe damp or mould. Landlords may receive abatement notices compelling them to resolve such issues promptly.

Pre-Action Protocol for Housing Conditions Claims (England): This protocol provides a framework for tenants to address housing disrepair issues before initiating legal proceedings. It encourages open communication and early resolution between landlords and tenants to avoid court disputes.

Social Housing (Regulation) Act 2023: Designed to improve standards in social housing, this act ensures landlords uphold their duty to maintain properties to a decent standard. It specifically addresses persistent issues like mould and damp, aiming to protect tenants from unsafe living conditions.

According to the latest English Housing Survey, a concerning 76,814 properties in the UK have been categorized as “non-decent.” This study, conducted in March 2020 by the English Housing Survey, revealed a significant number of council-owned properties in a state of disrepair. Shockingly, this represents a substantial increase in disrepair cases, with approximately 5,500 more homes affected compared to 2019.

Over the last five years, 17,000 disrepair claims have been filed across 70 English Councils, resulting in payments exceeding £55.1 million. Notably, £48 million, which accounts for 89% of these costs, has been concentrated in 13 London boroughs, as well as Birmingham, Manchester, and Sheffield.

Roughly, one out of every seven homes does not meet the national standard but is still being rented as council housing. As per Shelter, a homelessness charity, almost half (48%) of families and individuals living in council housing don’t feel safe in their own homes. They believe that disrepair issues are jeopardising their safety.

According to the Scottish House Condition Survey, the overall housing condition in Scotland has made progress since 2012. However, it also highlights that a significant 68% of homes in Scotland still exhibit some degree of disrepair.

In Dundee City, the disrepair rate for critical elements was the highest at 77%, while North Ayrshire had the lowest rate at 29%. Additionally, eight other local authorities had disrepair rates higher than the average of 53%, while eleven had rates lower than the average.

When it comes to the severity of disrepair, Aberdeen City had the highest rate of urgent disrepair to critical elements at 37%, while West Dunbartonshire had the lowest rate at 10%.

In 2017-18, about 238,000 homes in Wales (that’s around 18% of all homes) were identified with significant housing disrepair hazards. These issues indicate poor housing conditions. The most common hazards were linked to accidents like falls at home and the problems caused by living in cold, damp, and mouldy houses.

Weather and humidity play a significant role in exacerbating housing disrepair issues. High humidity levels, often caused by persistent rain or poor ventilation, can lead to dampness, which in turn fosters mould growth on walls, ceilings, and furniture. This not only damages the property but also poses health risks, such as respiratory problems and allergies. Cold weather and freezing temperatures can cause structural issues, such as cracks in walls or burst pipes, as materials expand and contract. Similarly, heavy rain and storms may expose or worsen leaks, leading to water damage and compromising the safety of the home.

Housing disrepair is an issue that can worsen or evolve depending on seasonal and weather conditions. Understanding how different times of the year can impact your property is essential for both tenants and landlords. By addressing issues proactively, tenants can maintain safe and comfortable living conditions, while landlords can fulfil their legal responsibilities.

Winter: Harsh Weather and Hidden Weaknesses

Winter is often the most challenging season for housing disrepair. Freezing temperatures, heavy rain, snow, and frost can exacerbate existing problems or create new ones.

• Broken Heating Systems: The demand for heating increases, making faults in boilers or radiators more noticeable. Prolonged exposure to cold can lead to health issues, especially for vulnerable tenants.
• Damp and Mould: Poor ventilation and increased condensation during winter allow damp and mould to thrive. These issues can cause respiratory problems and damage to belongings.
• Leaking Roofs and Cracks: Heavy rain or snow can worsen leaks or structural cracks, leading to further water damage inside the home.
• Pest Infestations: As pests seek shelter from the cold, they may find ways into poorly maintained properties, creating hygiene and safety concerns.

Spring: Uncovering New Problems

Spring is a season of renewal, but it also reveals damage caused during the winter months.

• Lingering Damp Issues: Mould and damp that built up during winter may now become more apparent, requiring urgent attention before they worsen.
• Weakened Structures: Freezing and thawing cycles in winter can cause cracks to expand, leading to structural instability.
• Gutter Damage: Blocked or damaged gutters from winter debris can cause water to overflow, leading to leaks or damp patches.
• Overgrown Vegetation: With warmer weather, plants and weeds can grow rapidly, potentially damaging walls or blocking drainage systems.

Summer: Heat and Dry Conditions

While summer may seem less problematic for housing disrepair, certain issues can arise during this season.

• Overheating in Poorly Insulated Homes: Properties without proper insulation or ventilation can become unbearably hot, particularly during heatwaves.
• Drought-Related Cracks: Prolonged dry conditions can cause soil shrinkage, leading to subsidence and cracks in the building’s foundation.
• Pests and Vermin: Warmer weather encourages infestations of flies, ants, or rodents, especially in properties with poor sanitation or gaps in the structure.

Autumn: Preparing for Winter Challenges

Autumn is a transitional season that often highlights areas requiring maintenance before winter arrives.

• Blocked Drains and Gutters: Falling leaves can clog gutters and drains, increasing the risk of water damage from rainstorms.
• Roof Inspections: Damage from previous seasons may be more noticeable, such as loose tiles or leaks.
• Drafty Windows and Doors: Cooler autumn air can highlight poorly sealed windows and doors, which can lead to heat loss in the coming months.