housing disrepair claims solicitors
housing disrepair claims solicitors

Housing Disrepair Claims

Housing Disrepair Solicitors In London

At Osbornes Law we know how to win housing disrepair claims for those we represent. We understand how frustrating it can be living with housing disrepair and poor housing conditions, and the impact it has can have on your daily life.

Housing Disrepair Requirements from Landlords

In most tenancies repairing obligations are implied into the terms of the tenancy. The repairing obligations require a landlord to keep in repair the structure and exterior of the dwelling house and keep in repair and proper working order the installations in the dwelling house for the supply of water, gas, electricity, sanitation, space heating, and heating water.

It is not possible for a landlord to contract out of their repairing obligations.

If you own a leasehold property the freeholder’s repairing obligations will be contained in the terms of your lease.

Depending upon the cause of the problems in your home we may be able to bring a claim in the County Court seeking an order for repairs to be complete, as well as seeking financial compensation. Alternatively, in some situations proceedings can be brought in the Magistrates Court in relation to housing disrepair claims.

Housing Disrepair Solicitors at Osbornes Law

Our team of specialist housing solicitors is one of the largest in London, ranked in both Legal 500 and Chambers & Partners legal directories

What do I need to do?

  • If there are problems with housing disrepair you must bring this to the attention of your landlord by providing notice.
  • You should always aim to do this in writing where possible so that you have a written record of notice having been provided.
  • You should keep clear records of what the problems at your property are, when they arose, and when you notified you landlord of them.
  • If the problem is not resolved promptly it is also likely to be worth contacting your local authority (if they are not also your landlord). The Council has powers to serve various notices in relation to conditions in your home.
  • You should always provide access to your landlord to inspect the property and to carry out repairs. A failure to provide access will be a defence to any housing disrepair claims.

 

Housing Disrepair Claims – FAQ’s

Damp occurs when the housing disrepair in the structure of the building allows water to enter the building from the outside. Penetrating damp is usually caused by structural problems in the building such as faulty guttering or roofing which your landlord/freeholder is usually responsible for maintaining.

You can only bring a disrepair claim for damage to your home where that damage has been caused by disrepair. If the problem arises from an inherent defect in the property which is not caused by disrepair, then this is not something for which you can bring a housing disrepair claim. However, you may be able to bring a claim under The Homes (Fitness for Human Habitation) Act 2018, which is discussed below, or under environmental health legislation.

This is where the dampness in your home is not caused by water penetrating from outside but arises due to the conditions in your home. This may be due to a lack of ventilation or poor design. Condensation dampness does not occur due to disrepair, and would not form part of a claim for disrepair. However, it may be possible to bring a claim under The Homes (Fitness for Human Habitation) Act 2018, which is discussed below, or under environmental health legislation.

The Homes (Fitness for Human Habitation) Act 2018 came into force on 20 March 2019. The Act applies to new tenancies, of less than 7 years, granted on or after 20 March 2019 (but will apply to all such tenancies after 20 March 2020). The Act requires that a property that is rented is: (a) Fit for human habitation at the time the lease is granted or otherwise created or, if later, at the beginning of the term of the lease, and (b) Will remain fit for human habitation during the term of the lease. In considering whether or not a home is unfit for human habitation, the following will be considered: repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food and for the disposal of waste water; in relation to a dwelling in England, any prescribed hazard; A house will be considered to be unfit for human habitation if one of more of the above apply and it is not reasonable for someone to occupy the house in the condition that it is in.

Case studies

  • The tenant of a flat within a high rise had directly approached her landlord in relation to defective heating, hot water and plastering. When negotiations failed she approached the Local Government Ombudsman who found in her favour in relation to many items of disrepair. However, when her landlord refused to comply with the recommendations Osbornes was instructed to deal with this matter. We assisted the client under a Conditional Fee Agreement. As a result of Osbornes’ intervention a schedule of works was agreed to the satisfaction of our client and she received damages of £10,000 plus legal costs.
  • We assisted a leaseholder in relation to enforcement proceedings due to a failure to comply with a court order requiring remedial works. As a result a settlement was agreed between the parties whereby over £33,000 was offset against his service charge account and his legal costs were paid.
  • We assisted a local authority tenant to avoid eviction from her property by bringing a counter claim for housing disrepair. The disrepair damages were worth over £16,000 and the client kept her home.
  • The leaseholder of a flat had problems with significant water penetration and defective windows. The landlord refused to carry out the repairs. Court proceedings were issued and as a result the landlord agreed to carry out repair works, pay the client £7,500 in damages (to be offset against her share of the cost of the major works), and paid our client’s legal costs. The matter returned to Court for enforcement purposes as the landlord had failed to complete the works and the outcome was that the landlord agreed to a schedule of works, paid a further £12,500, plus legal costs.

 

What our clients say

“I found it all very professional and friendly at Osbornes. I am extremely happy with the outcome; my solicitor took away the stress of my case. I received a significant damages settlement from my Landlord (£28,500), which has really helped me in my new home. I would definitely recommend Osbornes in the future”.

Speak to a Lawyer

Housing And Social Care Services

housing disrepair claims solicitors

Latest Housing And Social Care News


housing disrepair claims solicitors Osbornes Law @OsbornesLaw If you are spending time on your bike during lockdown, it is important you are aware of the #HighwayCode for… https://t.co/LJBwESNU3o 10 weeks ago
housing disrepair claims solicitors Osbornes Law @OsbornesLaw @angelaM11 in the Housing and Social Care team @OsbornesLaw suggests contacting your local authority if you have lo… https://t.co/8tMfJev81t 10 weeks ago
housing disrepair claims solicitors Osbornes Law @OsbornesLaw Housing and Social Care solicitor @mc_alexm outlines your rights during the #COVID19 pandemic when asked to leave y… https://t.co/04rKbNc0aA 10 weeks ago
housing disrepair claims solicitors Osbornes Law @OsbornesLaw @willfordosblaw partner in the Housing and Social Care team @OsbornesLaw on the impact of Coronavirus on public fun… https://t.co/GaC5jYjvKJ 10 weeks ago
housing disrepair claims solicitors Osbornes Law @OsbornesLaw Staff @OsbornesLaw got creative last Sunday whilst taking part in the #TwoPointSixChallenge in support of… https://t.co/hgTp2JqSN6 11 weeks ago
housing disrepair claims solicitors Osbornes Law @OsbornesLaw Suzanna Baker, solicitor in the Private Client team @OsbornesLaw explores the question ‘How can I help my father wi… https://t.co/lv3hixYMbl 11 weeks ago
housing disrepair claims solicitors Osbornes Law @OsbornesLaw RT @denisenottm: Fantastic - congratulations @swaine_laura Amazing job for @NHSCharities 11 weeks ago
housing disrepair claims solicitors Osbornes Law @OsbornesLaw Congratulations to @swaine_laura who completed her @Worldin1Day challenge yesterday for @NHSCharities . She even c… https://t.co/pNI8KTlbDL 11 weeks ago
housing disrepair claims solicitors Osbornes Law @OsbornesLaw An update from our cyclist, @swaine_laura “It’s sore, it’s painful, but I’m on track to finish!” 🚴🏼‍♀️ Laura is cyc… https://t.co/w8x8xk41yN 11 weeks ago
housing disrepair claims solicitors Osbornes Law @OsbornesLaw Leasehold Reform and COVID 19. Amber Larner-Bird, solicitor in the Property Law team @OsbornesLaw explores the ques… https://t.co/QdYriW7gGu 11 weeks ago
housing disrepair claims solicitors Osbornes Law @OsbornesLaw Coronavirus: Government introduces further restrictions on recovery of rent by Commercial Landlords. https://t.co/fWRHuEuEA7 11 weeks ago
housing disrepair claims solicitors Osbornes Law @OsbornesLaw @SKightley managing partner @OsbornesLaw explores the question of why cyclists need liability insurance, in… https://t.co/nn56J79jBb 11 weeks ago

Introducing Your Housing And Social Care Legal Team

Osbornes has an experienced team of specialist housing-and-social-care lawyers to assist with your case / situation

housing disrepair claims solicitors

Camden

Livery House, 9 Pratt Street, London NW1 0AE
Tel: 020 7485 8811 Fax: 020 7485 5660
DX Number 57053 Camden Town

Hampstead

28A Hampstead High Street, Hampstead, NW3 1QA
Tel: 020 7485 8811 Fax: 020 7485 5660

Contact a Lawyer

Enter your details below to receive a call from Osbornes:


Trustpilot

Speak To A Lawyer

Request Callback