How Is My Housing Disrepair Claim Valued?
Posted on 14th May 2020
You have a dispute with your Landlord, you’ve been a good tenant, paid your rent on time, kept the property clean and get on with your neighbours but, no matter what you do, that damp keeps rising, or the patch of mould on the ceiling gets worse, or the boiler just won’t work half the time and your Landlord won’t do their bit.
You do, of course, have the option to report your Landlord to the local authority, usually the local Council who can inspect the property and send a schedule of repairs or work to be done to your Landlord. Ultimately, your Landlord knows that you will move out sooner or later and he can get another tenant in to pay his rent and so it becomes a battle of wills, who will give first. Usually, when there is an impact on your health, it will be you, the Tenant.
What rights do I have against my landlord, for Personal Injury Compensation?
MG Legal, your Housing Disrepair Solicitors Lancaster looks at the basis on which you can take action, these are the main tools we will use to help you get the proper response and compensation from your Landlord. Your two main reference points in replying to your Landlord are the Housing Act and the Landlord and Tenant Act: One and Two.
Both of these lengthy pieces of Legislation provide the basis for a claim for Housing Disrepair against your Landlord. This is for a claim that seeks both action from your Landlord to rectify the defects and also for an award of compensation for your having to live in a sub-par and potentially dangerous home which can cause loss of enjoyment, inconvenience, illness and/or injury to you during the tenancy.
Even just a cursory glance at the links about shows what a complex field this is and whilst much of the case is built around common sense, if you do not comply with the Protocols or do not have the right evidence, you can easily fall foul of a statutory Defence by a savvy Landlord or their Solicitor that ends your claim prematurely.
How do I pursue a Housing Disrepair Claim?
Because of the complexities of the Housing Disrepair Protocols and the potential expenses involved, it is always recommended that you instruct a Solicitor, such as MG Legal, your Housing Disrepair Solicitors Lancaster, to review your claim, advise upon it and to help you obtain the necessary expert evidence.
How is my claim valued?
The way this type of claim is valued is slightly different to a ‘standard’ Personal Injury Claim because you are, in effect, paying rent to the person who is compensating you. So, damages will often consist of a backdated reduction in rent, plus damages for any illness caused (which are often either respiratory type infections from damp or mould or singular injuries from broken or defective parts of the premises) plus an award for general loss of enjoyment or full use of the property which you have rented.
There is, ultimately, no easy sliding scale to gauge these types of award as much depends on the rental value of the property, the scale of the damage or disrepair, the length of time it has gone on for and the scale of any injuries suffered. Most Orders will also include a requirement that the Landlord repairs the property properly and should he not do so in good time, you then have the right to take further action.
Do I need to Instruct a Personal Injury Solicitor to Claim Housing Disrepair Personal Injury?
In short, no, you don’t. But an expert personal injury compensation solicitor will be better-versed, and you’ll no doubt end up with a lot more compensation. Would you build your own house, or put new tyres on your car? Probably not, so why would anyone pursue their own personal injury claim, when there are experts who can do it for you.
You can instruct MG Legal, your Housing Disrepair Solicitors Lancaster by getting in touch with us by phone, email, web-contact form or at our offices in Lancaster, Garstang and Longridge. We will pass you through to the right team and aim to have your claim rolling, on a Conditional Fee Agreement (no win no fee agreement) the same day.
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