Housing disrepair case studies
William Ford has successfully settled a desrepair claim where issues included a lack of hot water and heating, draughts, water ingress, and damp. The client’s tenancy with Notting Hill Genesis began in May 2012, and had been provided to her further to a housing duty accepted by the Royal Borough of Kensington and Chelsea. The rent charged was £460 per week. Shortly after the outset of the tenancy there were problems at the property, including a lack of hot water and heating, draughts, water ingress, and damp. Despite raising the issues with her landlord on numerous occasions the problems were not properly addressed and worsened significantly over time. Our client instructed Osbornes to assist her and we sent a letter before action to the landlord. We were able to assist our client in being moved to permanent alternative accommodation in December 2018. At this time the disrepair had still not been fully rectified. The landlord accepted that they were liable to pay damages and their initial offer of compensation was £5000. However, we considered this to be insufficient and argued that the damages should be far higher. Osbornes was subsequently able to secure a settlement of £45,000 in damages, and an agreement by the landlord to pay our legal costs. The client was represented by William Ford, a partner in the Housing and Social Care Department.
Manjit has successfully settled a disrepair claim on behalf of a local authority tenant. Amongst the complaint included the issue of dampness. At the time our client was told that it was caused by condensation and a fan was installed in the kitchen at the Property. However, this did not rectify the on-going problem. The property had been subject to leaks frequently for a duration of time and the tenant and her family regularly collected rain water in buckets. The disrepair affected the bathroom, living room and two of the bedrooms. As a result of the extensive disrepair at our client’s home she recovered £7700 damages from her landlord.
Manjit assisted our client who initially began complaining that the property was damp and of a water leak from the overflow pipe of the flat above, giving rise to water penetration at the property. This resulted in damage to her property,). In brief, the water cascaded down from the overflow pipe, it caused a considerable amount of splash back which soaked into the walls and a door of our client’s property. The drain around the base of the Property, which should have been able to carry the water away, simply could not cope with the quantity of water gushing out constantly from the overflow pipe. As a result of this and other disrepair our client’s entire flat was damp and there was mould throughout. The bedroom our client shared with her daughter was damp and eventually uninhabitable. There was a back door leading to the garden from this room that could not be shut securely because of the damage caused by water penetration. There were constant puddles of water in this room that had penetrated into the Property. There was also an on-going concern regarding water penetration. As a result of the disrepair our client was decanted and managed to secure a housing transfer. In addition she recovered over £3000 damages from her landlord.
“…Landlord’s have a lawful duty to keep in repair the structure and exterior of your house, including drains, gutters and external pipes. To keep in repair and proper working order the supply of water, gas, electricity and sanitation”
Manjit assisted our client who occupied a Housing Association property with her three children. One of the children was severely disabled and required special adaptations at home and round the clock care. Our client’s property was severely damp and suffering with leaks and infestation problems. The Housing Association eventually carried out all necessary works with which our client was delighted with. In addition our client received substantial damages of £14,0000 from her landlord.
‘This was a very difficult case given the distress caused by the level of the disrepair to this vulnerable family. I am delighted that I was able to help the family improve the quality of their home environment and help a vulnerable mother focus her energy on caring for her son rather than worry about the condition of the property’.
Our client was the tenant of a Housing Association property. The bathroom, living room and kitchen were largely affected by damp. The main disrepair was that water was entering the property through the rear garden door and rotten window. The cause of the problem was a result of a buddleia growing within the brick work of the wall leading to the rear garden wall. The external wall to the Property required rebuilding and the Property had to be decanted. Our client was accommodated in temporary accommodation for 6 months by the time she instructed Osbornes Solicitors LLP. Her housing association landlord had not informed her when and if she could return to her one bedroom property. As a result of our intervention the client was permanently decanted to alternative accommodation. In addition her landlord agreed to pay our client £5000 as a result of the disrepair she suffered whilst occupying her tenancy before she was decanted.
Manjit says ‘We worked swiftly to ensure that our client’s case was concluded as soon as possible and to avoid any further uncertainty for her regarding her housing situation. It was troubling for our client who did not know how long she would be occupying the temporary accommodation or know where she would live long term‘
Osbornes were instructed by the client in relation to the extensive damp at his property and damage caused by a back surge. Manjit Mandair successfully assisted the client in obtaining a management transfer from the property and £8,000 damages for the disrepair he experienced at his home.
Manjit secured £6,000 damages on behalf of our client who had amongst other disrepair issues a leaking cold water tank at her property for a period of two years.