If your landlord is refusing to carry out your housing repairs, you may want to consider pursuing legal action in the form of a housing disrepair claim. This will enable you to obtain compensation for the damage you have sustained.
Beginning a housing disrepair claim
Before you make a housing disrepair claim, you must take the following steps:-
- Seek help from a legal expert who specialises in housing disrepair claims. A solicitor will be able to advise you upon your legal position before guiding you through each stage of the claims process;
- Serve a legal notice on your landlord, detailing the nature of the disrepair and your intention to take legal action if a repair is not carried out;
- Allow 21 days for your landlord to repair the problem.
If you have taken these steps and still a landlord refuses address your grievance, you can pursue a compensation claim through the courts.
What happens next?
If you haven’t already instructed a solicitor who specialises in housing disrepair claims, now is the time to do so. They will be able to listen to the details of your case before suggesting whether or not legal action is appropriate. Ordinarily this will depend upon whether or not:-
- Your landlord is indeed responsible for the repairs;
- You have served a legal notice and waited for 21 days;
- You have explored other avenues of dispute resolution such as mediation and negotiation.
If you are able to make a claim and you would like to proceed, your solicitor will handle the process on your behalf. The first step will be to collect any evidence that supports your claim. This could include taking witness statements from yourself and anyone else who lives in your property, taking photographs of the disrepair and asking a medical expert to verify how the disrepair has affected your health. It will also be necessary to show that you have reported the issue to your landlord, so it is important to keep copies any letters or emails that you have sent.
Your solicitor will then organise all this evidence and present it to the court. After assessing your case, the court will then decide if your landlord should carry out the repairs and, if so, the date by which these repairs should be completed. The court will also determine whether or not you should receive compensation for the damage you have incurred (including damage to your health, personal belongings, finances and way of life).
Interested in making a housing disrepair claim?
If you are considering making a housing disrepair claim, contact us at Roskell Davies solicitors to discuss your situation with a legal expert. For a free consultation call us on 0800 142 2901 or fill in an online enquiry.