How to Claim for Housing Disrepair Causing Illness & Injury?
We specialise in housing disrepair compensation claims causing illness. If you are a tenant and your landlord has failed to repair the property that is 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 illness will also affect your general mental health and wellbeing. 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.
Often claims resulting in respiratory illnesses are due to cold and damp conditions causing mould on walls and around widows. 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 a number of the above factors will give rise over time to spores and mould gathering on walls, wallpaper and even floor covering such as the 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 frequently sick with coughs and colds that becomes a downward spiral to more serious ill health and medical problems.
If the above housing conditions are similar to the property you are renting and you and or your family members are suffering respiratory illness please contact us and we will show you how to claim for housing disrepair causing illness.
See: Contact Us | Hutcheon Law
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 Personal Injury as well. This allows us to bring expertise from both fields into one; to allow us to gain the most for our clients.
You are viable to claim for any ill health that disrepair has caused yourself of 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 for.
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 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.
If you have suffered Personal Injury due to Housing Disrepair, get in touch with Leading Housing Disrepair & Personal Injury Solicitors in Liverpool and Nationwide following the link below:
See: Contact Us | Hutcheon Law
Top 3 Biggest Health Impacts of Mould
When mould accumulated 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.
- 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 symptoms to 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 various illnesses such as bronchitis, pneumonia and sinus infections; all linked 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 symptoms. However, the fact that Mould contains bacteria which causes 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 caused by the mental consequence of living in a house that is in repair; 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 causes 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 more narrow due to the sticky mucus that builds up because of it; 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 a lot more difficult; furthermore, these types of conditions are perfect for bacteria to thrive in. 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 shows that a child is admitted to hospital every 20 minutes due to an Asthma Attack, showing the severity of Asthma in children. This shows how severe effect Housing Disrepair is and the health concerns it can have on 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. Click this link to find out more.
Contact: Contact Us | Hutcheon Law
Compensation Levels for Housing Disrepair
As with anything related to claiming compensation for, the amount is entirely dependent on the case and how much the claimant has suffered.
That being said, most cases are worth thousands of pounds. The compensation is calculated dependent of the severity of the disrepair of the property. For example, a completely uninhabitable property will result in 100% compensation, this is rare.
Normally, the amount of compensation received is usually between the ranges of 25-50% of the rent paid for the property. This is not including damage to possessions, or health complications as a result of the housing disrepair. The compensation will be given to all damaged personal items. property.
To get further information regarding how much compensation you are entitled too as a result of your Housing Disrepair, get in contact with our specialist solicitors following the link below.
Contact: Contact Us | Hutcheon Law
Our Experience / Case Studies
We have 20+ years’ experience behind us; we use our experience in every case our clients bring us, using it to gain maximum compensation for you.
For example, recently secured a £9000 settlement for a previous client following a Housing Disrepair case; our expertise allowed us to nearly double the initial offer made; achieving above and beyond for our client. The landlord had persistently failed to fix a leaking roof and toilet that was so dangerous that our client had to instruct an electrician to ensure the premises was safe. She suffered from persisted coughs and colds and 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, click the link to our website below:
See: Contact Us | Hutcheon Law
What is housing disrepair?
Housing Disrepair is when a property is in ‘disrepair’; this means that it requires repairs to be determined to be safe and suitable to live in. Housing Disrepair is applied to any type of rented home / accommodation.
If you are currently renting a property that requires repair, you may be entitled to make a claim for compensation with Leading Housing Disrepair Solicitors, for suffering, discomfort and inconvenience. Click the link below to find out how to make a claim.
See: Contact Us | Hutcheon Law
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 a good state of repair, structurally.
- 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 in order to file a claim against your landlord but there are exceptions so please contact us.
You will be able to claim if you have suffered damage to personal belongings. For example, if mould was 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 within 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 following the link below.
See: Contact Us | Hutcheon Law
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 currently rented property, after reported your 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 damages and the rent. Furthermore, we operate on a No Win, No Fee Basis – click the link below to find out more.
See: Injury Solicitors Liverpool – No Win No Fee – Compensation | Hutcheon Law
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, to repair faults as they arise from within the property.
As previously states, the contract dictates the terms of your landlords’ 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 and damp / mould
- Fixing leaks etc. – keeping the property up to health standards
In order to read more on what your landlord is responsible for legally, click the link below. Further, to get in contact with Leading Liverpool Housing Disrepair Solicitors, click the link below also.
See: Renting out your property – GOV.UK (www.gov.uk)
Contact: Contact Us | Hutcheon Law
Will I Get Evicted For Making A Claim?
This is dependent on whether your landlord is private or is working 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 which is if you are arrears and do not have a payment plan in place. To counter that law, a payment plan of £1 is 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 clam, if it will risk you being served with a Section 21 Eviction Notice.
How We Can Help You
Here at R.James Hutcheon Solicitors, we are experts in our field; we pride ourselves in our ability to constantly achieve the maximum for our clients in terms of compensation.
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. Or, get in contact through our website via the link below:
