Housing Disrepair Claims

The following types of funding are available in housing disrepair cases: Conditional Fee Agreements (“CFAs”) also known as “no win no fee” agreements – We retain discretion over whether to act under a CFA and we cannot guarantee that this form of funding will be available in all cases. A decision upon whether to act under a CFA will be taken following a risk assessment to ensure that the particular case is suitable for this type of funding. If you win your case, you may have to pay a ’success fee’ and any insurance premium out of your compensation. You will also be liable to pay the costs incurred in the case, but Osbornes Law will seek to recover these costs from your opponent, as the winning party is normally awarded their legal costs against the losing party. If your case is lost, Osbornes Law will not be paid for the work we have done on your case. You may be able to obtain what is known as ‘after the event’ insurance to cover the risk of you having to pay your opponent’s costs in the event that you lose your case. Legal Aid – Legal Aid is available for disrepair cases subject to an assessment of the individual’s financial circumstances. If you contact us and provide us with figures of your income and expenses, we will be able to do an initial assessment to let you know whether or not you are likely to qualify for Legal Aid. However, legal aid funding only covers bringing a claim to ensure repairs are carried out to your home, and does not cover a claim for compensation. If you also wish to pursue a compensation claim this would need to be funded separately. Private funding – we will be able to advise you about our private rates and outline the work we will carry out if you decide to instruct us on this basis.

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.