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Housing Disrepair Claims: Here Is Brought a Shot for a Pay-out
You may feel angry when the quality of living that you are used to is lowered simply because your landlord is unwilling or negligent. Not only is this unfortunate; it can also have negative consequences on your health. There are situations when you may be entitled to take up a housing disrepair claim. This guide will walk you through the really basic details of the action, familiarising you with the types of claims available and the actions you may take to receive the necessary reimbursement.
What is a Housing Disrepair Claim?
A Housing disrepair claim is a type of claim that is instituted by the tenants when renting a house that gets into disrepair and the landlord neglects the disrepair even on notification.
These claims stem from the fact that there has been health deterioration of the tenants or loss of income on account of the disrepair.
Why Are Housing Disrepair Claims Important?
Housing disrepair can be nothing more than an inconvenience but it can do far greater damage to either one’s physical state or one’s finances.
The Impact on Tenants’ Health
Staying in a house that is badly maintained may put the occupants at a health risk. For example, severe heating and dampness lead to respiratory illness, particularly amongst young and older people in the family. Structural elements such as staircases and floors with broken tiles can also be sources of injury.
The Financial Strain of Housing Disrepair
The maintenance and repair of the property are the obligations of the landlords. However, where they have failed, the tenants tend to suffer by incurring unnecessary expenses after makeshift repairs or even paying more on utility bills because of the poor construction of energy-efficient homes. Thanks to a favourable judgement in a housing disrepair claim, these expenses can be reimbursed.
What is Considered Disrepair in a Rental Property?
Disrepair is any kind of physical damage or decay to the property which affects its bearing or living conditions. Such issues may also include: Structural Problems Slabs in the wall, defective windows, or roof problems are all examples of disrepair. If not tackled, these may escalate into more serious problems making the house uninhabitable. Damp and Mould Dampness is among the primary areas of concern the tenants have got in their rental properties. It is true that every home has some areas of high humidity which are prone to mildew and mould. Such growth poses health risks and could also damage some of your items inside the house. Plumbing Problems Moisture damages, drain clogs or broken water heaters fall into disrepair when they render living features such as water and heat inoperable. These problems can result in even worse problems should they be left untreated for quite some time. Who is Responsible for Housing Repairs? Knowing who is being charged with the property’s maintenance is crucial in making a successful housing disrepair Litigational application.
Legal Duties of the Landlord The landlord has a legal duty to look after the construction of the structure providing for the availability of such as water supply or heating, electrical, etc. Also, it is their responsibility to make sure that there are no health hazards on the property that could put the tenant at risk. Tenant’s Responsibilities Even if the broken part belongs to the Landlord, it is the unreasonable and unwarranted delay that is reported. In addition, they are in charge of some ordinary maintenance activities, such as replacing bulbs or cleaning up the premises. When Can You Make a Housing Disrepair Claim? However, when can one make a claim for housing disrepair? In cases where the repairs after reporting the remaining defects have not been performed for an unreasonably long period. Landlord’s Notice Any individual will write a letter of intention to claim to the landlord, seeking for the landlord to fix the situation within a specific period. This is usually a period ranging from some weeks or even less depending on the extent of the disrepair. Time Limits There are also limitations in making a claim, most cases within six years after discovering the disrepair and for personal injury three years.
Process of Making Housing Disrepair Claims
Looking for justice can be a daunting task, however, several steps can be followed to make it easy. Let’s simplify something for you:
Gathering Evidence
Comprehensively, begin with gathering evidence of the disrepair such as pictures, videos or even written correspondence pertaining to the landlord. This will help boost your case.
Getting Legal Advice
Some of the other steps to be employed when making a housing disrepair claim is to consult solicitors. That’s where Legal Assist comes in. Our team has been involved in housing disrepair claims and will make sure that you receive the compensation that you are entitled to.
What Compensation Can You Claim?
The amount of compensation you will be entitled to, is determined by the amount of damage or the type of disrepair. There are various compensations you may be entitled to. The most common are:
Personal Injury Compensation
In case of any injuries sustained due to the disrepair or aggravation of an illness you already had, you can claim for such emotional and physical trauma.
Reduction in Rent
In a few instances, there is a possibility of claiming a reduction in the rent for the time spent in a poorly maintained property. The extent to which you’ll be compensated is determined by the extent of disrepair suffered.
Common Challenges in Housing Disrepair Claims
Even with the strong case, obstacles may be present. Here are some common challenges:
Landlord Denying Responsibility
Being a landlord comes with certain responsibilities and if the landlord fails to meet them, some landlords will deny that the property has disrepair, or often say that the damage was done by the tenant. This obstacle can be addressed by preparation of such a case where all issues are appropriately documented.
Delays in Repairs
Repair works even after claims have been settled may be deferred even. You can seek the help of a solicitor who can urge your landlord to perform the repairs required to your property.
How Legal Assist Can Help You with Your Housing Disrepair Claim
Dealing with disrepair problems can be incredibly tiresome, and we at Legal Assist appreciate that. Our qualified staff will take over every part of your claim from evidence collection to preparing compensation arguments. We work on no win, no fee policy basis so you do not have to worry about advanced payments.
What Should You Avoid During the Claim Process?
Don’t even think about refusing to pay rent. Such actions can expose your case to danger. Adhere to all legal protocols and be careful to document all communications to your landlord.
How Long Does a Housing Disrepair Claim Take?
The time taken can vary in most cases due to the condition of the complexities of the case, however the average time taken is generally 6 to 12 months.
What Happens if You Win the Claim?
With a successful claim, you are likely to get payer compensation, and the landlord will also be required to fix the dwelling.
Can You Make a Claim if You Still Live in the Property?
Yes, housing disrepair claim jurisdiction is open to applicants who have not moved out of the house in question. In fact, a significant number of tenants still reside in their rental properties during the claims period.
Top Tips For A Successful Housing Disrepair Claim
Keep records of all communications.
Take regular photographs of the disrepair suffered.
Seek legal advice as soon as possible.
Do not make any temporary repairs without permission.
Report problems quickly and accurately.
Conclusion
Claims for housing disrepair can, however, defend the interests of the tenants in enforcing the landlord’s legal obligations for the provision of a habitable environment. When you are having recurrent problems in your rental home, don’t wait until the frustrations drive you crazy like they would most people. Legal Assist will help you in all the processes from knowing your rights to claiming all the compensation you have been entitled to.
FAQs About Housing Disrepair Claims
- How long do I have to make a housing disrepair claim?
You have up to six years to make this application or up to three years if you suffered injury from the disrepair.
- What can I do if my landlord refuses to repair the property and I am still forced to pay rent?
No, one must not quit paying rent without any legal action as it will make one face a situation where they could get evicted.
- Will I risk straining my relationship with my landlord if I make a claim against him/her?
It’s possible, but if your landlord is neglecting their responsibilities then your health and safety are more important.
- How severe can the injuries suffered under the housing disrepair claim be awarded compensation for?
This figure varies due to the level of damages and losses and how severely they affected you.
- Will Legal Assist services be available to me if my finances are quite low?
Of course, it will! Legal Assist works on a no win no fee policy and so there’s no need to pay any deposit.