Our housing disrepair solicitors can assist if you have reported significant repairs to your landlord and they are not completed in a reasonable timeframe. This could include a failure to provide heating in the winter or an issue with your clean water supply.
It is important to put your landlord on notice of any disrepair issues with a written complaint, which can be kept as evidence. You may also be entitled to compensation if you have suffered personal injury or financial loss as a result of the disrepair.
Damages
Landlords are responsible for the structure and exterior of a property as well as the supply of water, gas and electricity. This includes issues like broken banisters, dampness and leaks. It’s therefore important that you report disrepair to your landlord as soon as possible and keep a record of this. This is referred to as giving notice and, in most cases, no housing disrepair claim can be brought without it being done.
Once you have reported a disrepair issue to your landlord, they must carry out the repairs within a reasonable timeframe. If they do not, then you can take action by bringing a disrepair claim against them.
If the disrepair has resulted in damage to your personal belongings, then you can also claim compensation for this. These types of claims are known as ‘special damages’. Other claims you can bring include general damages for discomfort, inconvenience, distress, harm, loss of enjoyment and pain and suffering.
You can also make a claim for any medical expenses you have incurred as a result of living in the disrepair and any loss of income due to your illness. If you have had to move out of your home as a result of the disrepair, you can claim compensation for the rent you have paid in advance or a refund of your rent.
Specific performance
Housing disrepair claims can represent a significant financial drain on providers. This includes costs to solicitors and compensation paid out, as well as the time invested by staff addressing the issue. In addition to these direct costs, they can also incur other indirect losses such as the cost of repairing damage to belongings and the financial impact of being forced to move out of their accommodation.
Specific performance is an equitable remedy where the court orders a breaching party to fulfil its contractual obligations. It is typically awarded in cases where monetary damages are inadequate. Real estate contracts are often considered suitable for this type of relief, as buildings and land are unique and irreplaceable. Contracts involving the sale of goods are less likely to be awarded specific performance, since these items can easily be replaced.
To obtain a court order for specific performance, the plaintiff must prove that the underlying contract is valid, that they performed their end of the bargain, that the defendant could have done the same, and that a monetary award was insufficient. The plaintiff must also demonstrate that they remained ready, willing and able to purchase the property throughout the process.
The defense can argue that the terms of the contract are not clear and defined, making it impossible for a court to enforce or grant specific performance. It is therefore important that all real estate agreements are in writing and that all relevant terms are clearly and definitively spelled out.
Possession
A property is considered to be in a state of disrepair when it falls below a reasonable standard and this can be both physically and mentally detrimental to people living there. Our team of expert solicitors can help tenants to seek compensation and remedies through a housing disrepair claim.
In order to make a disrepair claim it is important that the landlord is made aware of the issues as soon as possible and this can be done by writing a letter to them, or calling their disrepair line and recording the date and time of your call. It is also crucial that you give them a reasonable amount of time to carry out the repairs before attempting legal action, this is referred to as providing your landlord with notice.
If you do decide to start legal proceedings it is important that you follow the Pre-Action Protocol for Disrepair Claims, this requires that you try and resolve the issue through Alternative Dispute Resolution methods and gives your landlord one last chance to investigate your complaint and carry out any necessary repairs before you proceed to court. If this isn’t successful then you can begin legal proceedings by submitting your Letter of Claim and requesting any documents from your landlord.
Visit Website: https://www.united-solicitors.co.uk/personal-injury/housing-disrepair-claims
The type of damages that you can receive will depend on your individual circumstances, but commonly include compensation for loss of enjoyment and any financial losses such as the cost of repairing or replacing any items in the property that have been damaged by the disrepair. Compensation can also be awarded for any pain and suffering that you have suffered due to living in a home in a state of disrepair, this can include both physical and mental injuries such as stress, anxiety and depression.
Eviction
When a landlord fails to carry out the repairs they are obliged to, or fails to remedy issues in a timely manner, tenants are able to make disrepair claims. These claims can be based on contract, tort or statute. Those based on contract can include the express or implied terms of the tenancy agreement, whilst those based on tort and statute are founded on common law principles such as negligence, nuisance or trespass.
Landlords are responsible for the structural fabric of a property and ensuring a home has water, gas and electricity supplies. A landlord is also responsible for maintaining appliances, heating and ventilation systems as well as a roof and garden. Landlords must also keep a property in a habitable state by addressing any dampness, mould or structural issues.
It is a tenant’s right to make complaint to their landlord about disrepair problems but the vast majority of such issues remain unaddressed. This is why it is important to take the right steps in a timely manner to notify your landlord of any problems that you are experiencing. It is advisable to do this in writing and keep copies of all communications.
If your landlord doesn’t take prompt action to address your disrepair concerns, then you have the option to utilise some of the stickier remedies available such as rent withholding or reduction. However, it is important to note that if your landlord is informed that you are withholding rent they will likely file an eviction lawsuit.
Visit the link to learn more: https://www.atoallinks.com/2023/what-steps-should-i-take-if-i-want-to-make-a-housing-disrepair-claim/
