Tenants living in social housing are able to bring the legal route against their landlords if they have complained about a housing issue, however nothing has been done to correct the issue. This kind lawful action referred to as a housing repair claim. It lets you claim compensation for the harm that you’ve sustained, such as bodily injuries and damaged items and inconveniences caused.
Take advantage of a free claim evaluation
If you are a tenant of a property belonging to the local housing association or council, and believe that you have a valid claim for council and housing association disrepair, call us today. We will provide everyone with a no-cost evaluation of the claim.
Does a housing association owe an obligation of care?
Yes. Every landlord within England and Wales are obliged to taking care of their tenants. That includes landlords of social housing be it local councils, housing associations or other forms of registered social landlords (RSL).
What does the term “duty of care” really mean?
This means that landlords must make reasonable efforts to safeguard the health and security that their tenants enjoy. There are many reasonable steps an owner can do to meet their obligation of care. One of them is to satisfy their obligations to repair.
What are the landlord’s obligations in terms of repairs?
Property owners in England or Wales are accountable for the majority of repairs that occur in rental properties and not unless they are directly responsible for the issue.
In particular an owner is responsible to fix:
The structure of the property and its exterior
Baths, basins, sinks drains, pipes toilets and other fittings for sanitary purposes
Boilers, radiators, and other heating and hot water supplies
Pipes, gas appliances, flues , and ventilation
The damage they cause from making repairs
It doesn’t matter which landlord you have Repair responsibilities are applicable to all landlords, not just the landlords of social housing.
What can I take if the rental home requires repairs?
If you reside in a social housing facility and you notice you notice something is wrong or you live with mould or damp issues You must inform your landlord about the problem. The landlord is not asked to correct the problem in the absence of knowledge about the issue.
Contact your landlord to explain what’s wrong with your landlord. Keep a record of any communications you make to your landlord. It is helpful to capture videos or pictures when it is helpful to identify the issue.
Then, you must provide your landlord with the time necessary to fix the problem. A reasonable time frame could be:
24/7 for emergency repair, such as water pipes that burst or a loss of water supply
7 days to make an urgent repair, for example the blockage of a pipe or a tiny leak
There are 28 days for non-urgent repair, such as damaged windows or mould
It is essential that you allow your landlord access to your property in order to allow the repairs to be completed.
When do you need legal advice?
If the landlord of your social housing completes a repair within an acceptable time and the repair is of the required standard, then it’s complete. story.
But, what happens is the outcome if your landlord doesn’t solve the issue? Perhaps they try to fix some thing, and the fix isn’t up to par? Or perhaps they don’t even make any progress? In any case it’s time to reach out to our housing repair solicitors for assistance.
We provide everyone with a no-cost initial evaluation. This means that you will find out if qualified to file claims against your landlord of social housing as well as if you are required to shell out for this service.
Legal recourse against your social landlord of your housing
If we tell you that you are entitled to file a home disrepair claim, it is your responsibility to decide if you would like to take this path. We are aware that you may be concerned, specifically regarding the amount it could cost you. We will be able to explain this more in detail prior to you decide.
If you’re ready to move forward the first step is to ensure that we adhere to the pre-action process. This means notifying your landlord of your intention to file a lawsuit against them. Then, we will meet with your landlord to attempt to settle the matter without having to go to court. Our solicitors will need proof from your landlord to prove that the issue can be resolved. We can also offer you compensation for the damage that you’ve experienced.
If negotiations do not succeed If negotiations fail, we will initiate official court summons. Our lawyers will draft your case and then present it before the court. The court will then decide:
Your landlord is responsible for repairing the issue; and
The compensation you receive will cover your losses
How much are compensation for the claims of a housing association for repair worth?
It’s impossible to determine precisely how much you’ll receive from the claim of a home repair. Each case is different. What we can say is that compensations are awarded in different ways like:
Personal injuries to you
Your emotional wounds
The discomfort you’ve the victim of has
Costs for temporary accommodation
The expense of repairing or replacing damaged items
Costs associated with temporary housing
Evidence to back your claim
It is helpful to preserve the most evidence you can. This will be used to prove your argument. Begin collecting evidence as quickly when the issue is apparent. Take note of:
Regularly take photos and videos of the issue.
Make videos and photos of the damage done to your belongings or your body (i.e. bodily injuries, should any)
Keep a log of all conversations between landlords and tenants. This includes texts, emails, phone calls, WhatsApp messages WhatsApp text messages, and telephone calls.
If you’ve been able to spend or lose funds due to the repair note all the details down and save the receipts if you can.
Do I need to go to the Ombudsman or approach the council for assistance?
Social housing tenants may attempt to solve a housing problem in many different ways, including some that do not require court intervention. It all depends on the nature of the issue is.
When the repairs are small – that is, it will cost PS250 (or less), you may use the right-to-repair scheme in the event that you are an area council tenant. This is a great option to get minor repairs completed.
You can also file an official request to the landlord. Then, you must wait for your landlord’s response. If you’re not pleased with the answer you may take the complaint to your local MP or council or to the Housing Ombudsman. Both have limitations. They are able to only facilitate to assist you settle the dispute. They are not legally binding, and they cannot be enforced as they could be enforced by courts.
Private tenants can get help by contacting environmental health as an internal department of the council. However, this isn’t an option for tenants in social housing because the council is not able to make any enforcement actions against itself.
If we think there’s another way to solve your home’s problems that doesn’t require legal action, we’ll be sure to inform you.
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