If you’ve suffered from housing disrepair, you may be entitled to compensation. Depending on the severity and duration of your illness, you may be able to claim for monetary losses. Here are some of the most common types of claims and how to make one. Moreover, you should consider what evidence you will need to support your claim. Read on to learn more about housing disrepair claims. You might even be able to claim for mental and physical suffering from the situation.
Compensation for housing disrepair
Whether your property is in a state of disrepair is a common problem faced by tenants and leaseholders. Compensation can be sought for your pain and suffering, as well as the resulting financial losses. In some cases, the government will even compensate you for your loss of amenity. The amount of compensation you receive will depend on how serious your injuries are and how much disruption you have experienced. Read on to find out more.
In some cases, you may be entitled to a reduction in rent. This compensation can be in the form of cash or rebates on your rent. In some cases, the amount of compensation you receive is directly related to the extent of inconvenience you experienced. You should ensure that all pipes and drainage systems are working properly, and that heating systems are safe and in good repair. If any of these items are not in good condition, you can claim a partial abatement of rent, which will reduce the rent amount.
Common types of claim
A common type of housing disrepair claim involves the landlord refusing to make necessary repairs to the property. In such cases, the tenant can file for compensation. The amount of compensation may be cash or a refund of rent, depending on the extent of the inconvenience. The landlord must have maintained the drains and pipes and plumbing must be safe to use. Heating systems must also be in good condition. The landlord must have given the tenant the required information and instructions regarding these matters.
Disrepair can affect your health, financial status, and personal belongings. You can also file a claim if you were injured due to falling, ingesting toxic fumes, or experiencing gastrointestinal problems. The amount of compensation you can claim for each of these conditions depends on the severity of your illness. A claim may also include compensation for lost earnings. However, it is important to remember that a housing disrepair claim may be more complex than a standard negligence claim.
Evidence needed to prove a claim
To succeed in a housing disrepair claim, the tenant must provide evidence proving that the landlord knew about the problem and failed to remedy it. Complaints about the condition of the property must be documented, preferably in writing. Detailed logs of telephone calls or email correspondence can be helpful. The notice must be of sufficient length to put a reasonable person on the lookout for any repairs.
Legal fees involved in pursuing a claim
The costs of pursuing a housing disrepair claim can be substantial, especially if there are technical arguments about the fitness of the house. Until March 2011, solicitors for housing disrepair claims
were handled under the Legal Aid scheme, but this has changed. Since then, the Homes (Fitness for Human Habitation) Act 2018 has been introduced, imposing an implied contractual duty on landlords. The Act will apply from 20 March 2020, and applies to any tenancy granted after that date.
However, this scheme is only available to those with serious housing conditions and health risks. For this, low-income people may be able to get legal aid to make their properties safe, but not for claiming compensation. Depending on the severity of the disrepair, an expert report may be necessary. If you are unable to get legal aid, you can consider a housing disrepair claim with a solicitor.