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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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.

Common signs of house disrepair include issues with damp, mould, leaking roofs, plumbing, heating, broken walls or ceilings, and structural issues. Apart from its structural integrity, these problems could influence the health of those living in your house.

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, as defined by the Housing Health and Safety Rating System (HHSRS) of the Housing Act of 2004, is one that seriously endangers a tenant’s health or safety. Landlords have to act quickly to fix these problems if they want to avoid injury. Among these are damp, mould and moisture, severe cold, structural issues, fire hazards, and mice or pests. Risks in Category 1 need urgent focus. Once the problem has been identified, local authorities may compel landlords to handle it. Tell your landlord of any potential Category 1 risks and ask a housing disrepair lawyer for guidance.

A hazardous material, asbestos can emit harmful fibres into the environment and cause significant health risks if destroyed or disturbed. Housing disrepair, particularly in the insulation, roofing, or flooring, may lead tenants to find asbestos in older houses. Damage-related material exposure could cause respiratory diseases and other chronic health problems by means of fractures, leaks, or remodelling. Landlords are legally obligated to manage and reduce asbestos-related hazards. If there is asbestos in your house or it has been disturbed, immediate reporting of the issue and seeking professional assistance are absolutely vital.

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 far-reaching ways it can harm your physical and emotional health, especially if issues are left unresolved. Some common ways in which deterioration affects tenant well-being are as follows:

Respiratory Issues

Damp and mould are among the most prevalent problems in situations of deterioration. Exposure to mould spores can especially aggravate asthma, create allergies, and lead to respiratory infections in young people, the elderly, and those with underlying medical conditions.

Cold-Related Illnesses

A broken heating system causes long-term exposure to cold temperatures, which increases the danger of hypothermia, respiratory problems, and maybe cardiovascular concerns. The cold can also aggravate arthritis or joint discomfort.

Personal Injuries

Loose flooring, broken stairs, or structural vulnerabilities increase the likelihood of trips, slips, and falls. Especially for those who are more vulnerable, like the elderly, these accidents can range from minor bruising to major fractures.

Pest-Related Health Concerns

Rat, mouse, or insect infestations taint food and surfaces, allowing diseases like salmonella or hantavirus to spread. Bedbugs and fleas can cause allergies, skin irritation, and itching.

Mental Health Strain

Living in an unsafe or poorly maintained home can lead to high degrees of stress, anxiety, and even sadness. Worrying about your safety, coping with the financial burden of maintenance, or believing your landlord is ignoring you may all be emotionally draining.

Spread of Infectious Diseases

Faulty plumbing or clogged drains produce poor sanitation, which can lead to bacterial infections or waterborne diseases including E. coli.

Housing disrepair can substantially compromise the health, safety, and well-being of children. Young children are particularly sensitive to the dangers connected with unsafe or badly maintained homes because of their underdeveloped immune systems and smaller size. Exposure to mould and damp in particular can lead to respiratory infections, worsen asthma, and trigger allergies. Uneven floors, faulty staircases, or collapsing ceilings can create catastrophic accidents, slips, and falls with grave consequences. These diseases can affect a child’s growth and overall health.

Do you need legal support making your housing disrepair claim?

Making a housing disrepair claim

Has your landlord failed to make repairs to your home?

Our highly experienced housing disrepair solicitors will fight for your repairs and compensation on a No Win No Fee basis so you won’t pay anything unless we win your case. Our success fee is ethical and the lowest on the market. Contact us for a free case assessment.

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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 basic law requires landlords to keep the outside and inside of rental homes in a condition of great repair. It also calls for the proper operation of essential infrastructure, including gas, electricity, water, sewage, heating, and hot water.

Homes (Fitness for Human Habitation) Act 2018: Building on the Landlord and Tenant Act of 1985, this legislation guarantees that every rental property meets basic safety and comfort criteria. Legally, landlords must make their premises liveable at the start and throughout a tenancy. Tenants could sue their landlord if he or she fails to follow these guidelines.

Housing Act 2004 set up a system for assessing prospective hazards in residential homes known as the Housing Health and Safety Rating System (HHSRS). It places the responsibility of handling risks on landlords so they may safeguard tenants’ safety and welfare.

The Defective Premises Act 1972 places a duty of care on landlords, hence mandating them to ensure that any structural problems do not compromise guests or renters. It addresses human injury and property damage caused by hazardous or poorly maintained structures.

A rented house creating a legal nuisance, such as mould or excessive wetness, gives local governments power under the Environmental Protection Act of 1990 to intervene. Landlords could get abatement notices telling them to act right away to fix such issues.

Pre-Action Protocol for Housing Conditions Claims (England): Using the framework this procedure provides, residents can fix housing deterioration problems before considering legal action. It encourages open communication and quick resolution between landlords and renters to avoid legal problems.

Social Housing (Regulation) Act 2023: Designed to set the standard for social housing, this act guarantees landlords meet their duty to maintain their properties in a fair state. By specifically tackling ongoing issues including mildew and dampness, it seeks to protect tenants from dangerous living circumstances.

Citing the most current English Housing Survey, an astonishing 76,814 homes in the UK have been designated “non-decent”. The March 2020 report of the English Housing Survey revealed that a significant proportion of council-owned homes were in bad shape. Roughly 5,500 more homes are affected than in 2019, which is a shocking rise in the number of degradation instances.

Seventy English councils have been paid out more than £55.1 million from 17,000 disrepair claims over the last five years. Especially 13 London boroughs, along with Birmingham, Manchester, and Sheffield, have shouldered the majority of these costs, which come to £48 million, or 89% of the total.

Roughly one in seven homes is rented as council housing, not fulfilling the national standards. Nearly half (48%) of families and individuals living in council housing do not feel safe in their own homes, according to Shelter, a charity supporting those suffering homelessness. The condition of degradation makes them feel their safety is at risk.

The Scottish House Condition Survey indicates that Scotland’s overall housing situation has gotten better since 2012. It also underlines the reality that a remarkable 68% of Scottish houses are still somewhat deteriorating.

While Dundee City had the greatest rate (77%), North Ayrshire had the lowest incidence of vital element deterioration (29%). While eight other local governments had rates beyond the average of 53%, eleven more local councils had deterioration rates below the standard.

In terms of disrepair, West Dunbartonshire had the lowest rate at 10%, while Aberdeen City had the worst rate at 37% for urgent deterioration to essential components.

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, which are often caused by ongoing rain or poor ventilation, can lead to damp that promotes mould growth on ceilings, walls, and furniture. Apart from harming property, this endangers people’s health for allergies and respiratory problems as well. Cold weather and freezing temperatures can produce structural issues like wall fractures or burst pipes as materials expand and compress. Storms and heavy rain can, in a similar way, expose or aggravate leaks, hence causing water damage and compromising the safety of the house.

Housing disrepair can either improve or worsen depending on the season and the weather. Landlords and tenants alike have to understand how different seasons could affect your home. By being proactive in resolving problems, tenants may keep secure and comfortable living conditions, and landlords can fulfil their legal responsibilities.

Winter: Harsh Weather and Hidden Weaknesses

Often, winter is the hardest season for house damage. Frost, snowfall, severe rain, and freezing temperatures could create fresh problems or aggravate those already present.

• Broken Heating Systems: Boiler or radiator problems grow more obvious as the demand for warmth increases. Long-term cold exposure can lead to health issues, especially for renters who are more vulnerable.
• Mould and Damp: Poor ventilation and too much condensation let moisture and mould thrive during the winter. These problems could cause both respiratory diseases and damage to property.
• Leaking Roofs and Cracks: Severe rain or snow can aggravate structural flaws or leaks, hence promoting further water damage inside the home.
• Pest Infestations: Bugs may invade badly kept houses as they seek shelter from the cold, compromising safety and hygiene.

Spring: Uncovering New Problems

Though spring is a season for renewal, it also reveals winter-related damage.

• Ongoing Damp Issues: Winter-accumulated mould and damp may now show more plainly, requiring quick treatment to save more degradation.
• Weakened Structures: Wintertime cycles of freezing and thawing can aggravate fractures, hence compromising structures.
• Gutter Damage: Clogged or broken gutters from winter debris can cause water overflow, which can lead to leaks or moist places.
• Overgrown Vegetation: In warmer areas, weeds and plants can proliferate quickly, possibly blocking drainage systems or harming walls.

Summer: Heat and Dry Conditions

Though it might appear that summer home deterioration is less of a worry, several issues might still arise.

• Overheating in Poorly Insulated Homes: Houses with inadequate insulation may become unbearably hot, especially during heat waves.
• Drought-Related Cracks: Extended dry spells can cause soil shrinkage, which can lead to fractures and sinking of building foundations.
• Pests and Vermin: Warmer temperatures encourage fly, ant, or rodent infestations, especially in dwellings with poor hygiene or structural flaws.

Autumn: Preparing for Winter Challenges

Autumn, a period of change, often highlights places requiring maintenance before winter comes.

• Blocked Drains and Gutters: Falling leaves can block gutters and drains, hence increasing the likelihood of water damage connected to precipitation.
• Roof Inspections: Problems from previous seasons, like loose tiles or leaks, might be simpler to see.
• Drafty Windows and Doors: Poorly sealed windows and doors might be more obvious in the colder autumn air, which could cause heat loss in the next months.