If you are a tenant and have been injured because of the state of disrepair of your home, then you may be entitled to make a claim against your landlord. Housing disrepair claims may also be made if you have become ill because of the state of your home. Housing disrepair claims can be made against a private landlord, or a local authority and so on.
However, some landlords are unscrupulous and may prefer to evict a tenant rather than pay for costly repairs to their property. If you have strong tenancy rights, you could take your landlord to court to make any housing disrepair claims you are legally entitled to make.
Procedure to follow for making housing disrepair claims
First of all you have to serve a legal notice on your landlord, explaining that you intend to take legal action. These are the points that must be included in any such notice:-
1 You must outline what the disrepair problem is.
2 You should give details of the dates when you told your landlord about the state of disrepair in the past and his or her responses.
3 You should allow the landlord 21 days in which to fix the problem, unless it has become a matter of urgency that it be fixed immediately.
4 Make it clear that if the problem is not fixed within 21 days, you intend to take the matter to court.
You will probably need a specialist solicitor who has experience of dealing with housing disrepair claims to help you.
What can you claim for?
If your property is being damaged or has been damaged because of the disrepair, then you can claim compensation for the damaged items. You can also claim for any damage to your property done while the repairs are being carried out.
You can also claim for any damage to your health caused by the disrepair. For example if the property is damp and you have bronchial problems, you will be able to claim personal injury compensation if you and your solicitor can prove that your condition was brought about directly because of the state of disrepair and your landlord’s negligence.
As a tenant you can also claim for the inconvenience caused to you by the state of disrepair, for example you may not have been able to use the entire property which inconvenienced you and your family. If you have not been able to use your entire home, then you could also claim a rebate or reduction in rent for the time during which you could not use every room.
Accident Advice Helpline
If you need expert legal advice about housing disrepair claims or personal injury compensation claims, contact us at Accident Advice Helpline.
You can visit our website to find out more about us, or simply call us. For expert legal advice call us now on 0800 689 0500 from a landline, or on 0333 500 0993 from a mobile.
Date Published: 26th October 2013
Author: David Brown