Housing Disrepair Claims
Living in a home with unresolved disrepair issues can have a serious impact on your health, safety, and overall wellbeing. If your Council or Social Housing landlord has failed to address these problems despite being informed, you may be entitled to make a housing disrepair claim. This process allows tenants to hold landlords accountable for neglecting their legal responsibility to maintain properties in a safe and habitable condition.
To make a claim, you’ll need to show that your landlord was aware of the disrepair and failed to act within a reasonable timeframe. Common issues that qualify for claims include mould, damp, leaks, broken heating systems, structural damage, or pest infestations. Beyond securing the necessary repairs, you may also be able to claim compensation for any harm caused, such as health problems, damage to belongings, or additional expenses.
The process begins by gathering evidence, such as photographs, medical reports, or correspondence with your landlord. Seeking advice from a specialist housing disrepair solicitor can make this process smoother, ensuring your claim is handled effectively. They will guide you through each step, from negotiating with your landlord to filing a legal case if necessary, helping you secure the repairs and justice you deserve.
Health Problems Caused by Mould and Damp Conditions
As housing disrepair solicitors, we specialise in compensation claims arising from illness for anyone living in a council or social housing property where there has been exposure to mould and damp conditions over time. If you are a tenant and your landlord has failed to repair the property that affects you and your family’s health, usually causing or contributing to a respiratory illness, such as:
- Asthma
- Bronchitis
- Wheezing
- Pneumonia
- Increased susceptibility to infections
- Persistent coughs and colds
All the above illnesses will also affect your general mental health and well-being. Such conditions usually affect the young and elderly, who are more vulnerable. If you have suffered an illness as a result of your landlord failing to undertake housing repairs or maintenance that caused or contributed towards your illness, you can claim compensation.
Getting Repairs Done Quickly
The quicker the better. Our housing disrepair claim solicitors will, upon your instruction under our no-win, no-fee service, write to your landlord and advise them of the repairs. If there is no response within 20 working days, we will send a qualified specialist surveyor to your property to evaluate the repairs required. We will then take court action against your landlord if they fail to carry out those housing repairs either urgently or in a reasonable time. Often, claims for respiratory illnesses are due to cold, damp conditions, which cause mould on walls and around windows. Usually due to one or more of the following:
- Adequate ventilation
- Leaking roof
- Leaking widows
- Insufficient heating
- Ingress of water into the property, i.e. leaking pipes, sinks, guttering, etc
One or more of the above factors will, over time, give rise to spores and mould gathering on walls, wallpaper, and even floor coverings such as carpet. The mould in particular may cause respiratory conditions. It can trigger asthmatic attacks and possibly cause asthma, especially in vulnerable children. Often, tenants in such properties are sick with coughs and colds that can lead to a downward spiral into more serious illness and medical problems.
If the above housing conditions are similar to those in the property you are renting and you and/or your family members are suffering from respiratory illness, please contact us, and we will show you how to claim for housing disrepair causing illness.
Personal Injury Due to Housing Disrepair
There are many different claims relating to Housing Disrepair, a more common one in Personal Injury. Here at R. James Hutcheon Solicitors, we are not only experts in Housing Disrepair but also in Personal Injury. This allows us to bring expertise from both fields into one, enabling us to deliver the most for our clients.
You are entitled to claim for any ill health that disrepair has caused to yourself or anyone who is currently living within the property. The amount of compensation you will be entitled to will be dependent on a number of factors, including how severe the illness is and how long it has lasted.
You will also be able to claim for Special Damages – these are financial losses that you have incurred as a result of your illness, such as damages to your carpet, wallpaper, appliances, costs of repairs because you had to get a handyman to do the work rather than your landlord, council or housing association, for example.
The types of illnesses that can arise due to Housing Disrepair are:
- Asthma
- Depression / Anxiety
- Pneumonia
- Carbon Monoxide Poisoning
- Gastrointestinal Issues
- Other Difficulties
To elaborate on ‘Other Difficulties’, you are able to claim for the inconvenience. For example, if you have not been able to use the bathroom for a period of time due to damp / mould, you’ll be able to claim for how much the difficulties have affected your ability to use the house.
Top 3 Biggest Health Impacts of Mould
When mould accumulates in a property, especially with poor ventilation, it can make you very unwell. Mould is more dangerous to children and the elderly, this is due to the fact that they are not only more vulnerable health wise (in terms of fighting off infections); also because they will spend more time inhaling the harmful bacteria caused by the Mould.
1. Allergic Reaction
Allergic Reactions are the most common health impact as a result of Mould. This is because Mould can form indoors at any time of the year; it is not dependent on the weather. The symptoms of an allergic reaction are very similar to those of suffering from hay fever; these include:
- Nose Running
- Itchy & Red Eyes
- Coughing
- Sneezing
- Congestion
These symptoms of an Allergic Reaction are caused by spores that are inhaled. People most at risk from inhaling spores are people with chronic lung diseases.
2. Respiratory Infections
Respiratory infections can include illnesses such as bronchitis, pneumonia, and sinus infections, all of which are linked to and caused by Mould exposure. The symptoms of these illnesses can be very similar to those of an allergic reaction; the symptoms include:
- Headaches
- Fever
- Sore throat
- Fatigue
- Coughing
All symptoms may be difficult to pinpoint as they are very common. However, the fact that Mould contains bacteria that cause these bacterial respiratory infections is not difficult to pinpoint. Get in contact with us, Leading Housing Disrepair Specialist Solicitors, if you have previously reported Mould / Damp to your landlord and they have neglected/refused to carry out the repair.
3. Depression
Not all illnesses are physical; research shows that dampness is associated with depression. This is closely linked with the mental consequences of living in a house that is in disrepair; in addition to constantly being exposed to harmful bacteria, which can cause serious health problems.
Living in a rental property that has damp / mould is beyond wrong, and it could cause you to slip into depression, severely impacting your everyday life and having a huge knock- on effect.
Mould is toxic to humans, especially if it is not dealt with promptly. The most common illness mould cause is Asthma.
What is Asthma?
Asthma is a breathing condition that affects your airways, which are the tubes that carry air in and out of your lungs. This condition causes your airways to become swollen and narrower due to the sticky mucus that builds up, making it more difficult for you to breathe.
Whether or not Asthma runs in your family’s gene pool, it is extremely likely you will develop it if you are living in a property that contains a lot of mould. Common symptoms include:
- Coughing
- Wheezing
- Shortness of breath
- Chest feels ‘tight’
How Can Asthma be Caused by Mould / Damp?
Damp conditions can make breathing much more difficult; furthermore, these conditions are perfect for bacteria to thrive. Mould / Fungi emit spores because of the bacteria, which can enter your body and cause your immune system to produce coughing fits / asthma attacks.
These spores are not noticeable to the naked eye, meaning you will not know you are breathing in harmful bacteria until it is too late.
Asthma in Children
Children are more likely to develop Asthma than adults; in addition to this, the majority of adults who have Asthma developed it as a child.
Statistics show that a child is admitted to the hospital every 20 minutes due to an Asthma Attack, showing the severity of Asthma in children. This shows how severe the effects of Housing Disrepair are and the health risks it can pose to you and your family.
If you have brought forward a repair for Damp / Mould to your landlord and they have refused, and you now have Asthma or any other respiratory problem as a result. You may be entitled to make a claim for compensation.
Compensation Levels for Housing Disrepair
As with anything related to compensation, the amount is entirely dependent on the case and the extent of the claimant’s suffering.
That being said, most cases are worth thousands of pounds. The compensation is calculated based on the severity of the property’s disrepair. For example, a completely uninhabitable property will result in 100% compensation, which is rare.
Normally, the amount of compensation received is between 25% and 50% of the rent paid for the property. This does not include damage to possessions or health complications resulting from housing disrepair. Compensation will be provided for all damaged personal items. property.
To get further information regarding how much compensation you are entitled to as a result of your Housing Disrepair, get in contact with our specialist solicitors.
Our Experience
We have 20+ years of experience behind us; we apply it to every case our clients bring us, working to secure maximum compensation for you.
For example, recently secured a £ 9,000 settlement for a previous client following a Housing Disrepair case; our expertise enabled us to nearly double the initial offer, achieving above and beyond for our client. The landlord had persistently failed to fix a leaking roof and a toilet, which was so dangerous that our client had to instruct an electrician to ensure the premises were safe. She suffered from persistent coughs and colds, which affected her mental health. Court action was necessary, and following negotiations, the landlord’s solicitors paid our client £9,000 in compensation for housing disrepair causing illness.
If you believe you are entitled to make a Housing Disrepair claim for compensation, and you want the Leading Housing Disrepair Solicitors to handle your requests.
What Constitutes a Claim?
By law, your landlord is required to ensure that the property they rent out to tenants is structurally in a good state of repair in order to deem the property habitable; these requirements are:
- Your home is in good structural condition
- Your home is free from vermin and infestations
- You have hygiene facilities, such as toilets and sinks
- There is no mould / rising damp in the property
- Your roof is safe and intact
- You have a working heating system
- Your drains and gutters are working properly
- You have access to safe water, electricity and gas
- You have sufficient security
- Property meets necessary fire regulations
Before you make a claim, it is of paramount importance that your landlord was notified of disrepair at least 21 days before you file a housing disrepair claim.
Furthermore, you cannot make a claim in a property you no longer live in. You must still be living in the property to file a claim against your landlord, but there are exceptions.
You will be able to claim if you have suffered damage to your personal belongings. For example, if mould were to damage clothing, leaks have damaged the carpets, and water leaks have damaged electrical appliances. You will be able to claim the price of the item as part of your compensation, with evidence showing you have paid for a replacement/repair.
If you have suffered damage due to Housing Disrepair, get in contact with Leading Housing Disrepair Solicitors.
Council / Housing Association Housing Disrepair Claims
In order to make a claim against your local council and/or housing association, the laws are a little different, but the premise remains the same.
For example, if you are still living in your rented property and have reported the repair to your local council / housing association, which has still not been repaired after 3 months, you may be entitled to claim compensation for the damage and the rent. Furthermore, we operate on a No Win, No Fee Basis.
What Your Landlord is Responsible For
Your contract will dictate the type of responsibilities your landlord has. However, your landlord has certain responsibilities as standard. For example, to keep the property safe structurally, and to repair faults as they arise from within the property.
As previously stated, the contract outlines your landlord’s responsibilities. However, some landlords are responsible for the maintenance of the whole property, including the exterior, communal areas and garden.
As a guide, the typical landlord responsibilities include:
- Servicing the boiler
- Ensuring the property meets fire safety regulations
- Removing damp / mould
- Fixing leaks, etc. – keeping the property up to health standards
Will I Get Evicted For Making A Claim?
This depends on whether your landlord is private or works for a housing association / local council.
If your landlord is a representative of a housing association/council, you legally cannot be evicted for filing a claim against them. However, there is one exception: if you are in arrears and do not have a payment plan in place. To counter that law, a £1 payment plan provides sufficient protection.
On the contrary, if your landlord is private, the law is different, and your landlord can legally issue you a Section 21 Eviction Notice, allowing them to evict tenants without reason. However, due to many complaints against this there are many regulations in which your landlords must comply in order to issue a Section 21 notice, the link below provides sufficient information if you would like to read further into this Eviction Notice.
If you are privately renting, it is important to factor in before making a claim whether it will risk you being served with a Section 21 Eviction Notice.
Contact Us Now To Claim
How We Can Help You
Here at R.James Hutcheon Solicitors, we are expert solicitors for housing disrepair claims in Liverpool and throughout the country. We pride ourselves on our ability to consistently secure the maximum compensation for our clients.
Are you trying to get your landlord to carry out repairs in your house?
Are they refusing to repair/ignoring your reports?
If you answered yes to any of these questions, then we can help you. Our expert Housing Disrepair Solicitors guarantee maximum compensation for your case. We operate on a No Win, No Fee Basis.
If you think you are eligible for a Housing Disrepair claim. Call On: 0151 724 7121.
