Housing disrepair is a major problem that tenants face in the UK. When a rented property is not in good condition, it can affect the health and safety of the tenants. This is why there are laws in place to protect tenants and ensure that landlords maintain their properties in good condition. However, there are several misconceptions about housing disrepair claims that can prevent tenants from seeking the compensation they are entitled to.
Misconception #1: Housing disrepair claims are expensive and time-consuming
One of the biggest misconceptions about housing disrepair claims is that they are expensive and time-consuming. While it is true that some cases can be complex and take longer to resolve, the majority of cases are straightforward and can be resolved quickly. In fact, most housing disrepair claims are resolved out of court, which means that tenants do not need to worry about court costs and legal fees. National Claims who specialise in housing disrepair claims also offer a no-win, no-fee service, which means that tenants only pay if their claim is successful.
Misconception #2: Landlords are not responsible for all types of repairs
Another common misconception about housing disrepair claims is that landlords are not responsible for all types of repairs. In fact, landlords have a legal obligation to maintain their properties in good condition, and this includes repairing any damage caused by wear and tear, as well as damage caused by external factors such as weather conditions. Landlords are also responsible for repairing any structural damage to the property, such as damp, leaks or cracks in the walls. Tenants should not be held responsible for repairs that are the landlord’s responsibility.
Misconception #3: Tenants must move out if their property is in disrepair
Many tenants believe that they must move out of their property if it is in disrepair. However, this is not always the case. Tenants have the right to remain in their property while repairs are being carried out, and landlords have a legal obligation to ensure that their tenants can live in their properties safely and comfortably. In some cases, landlords may need to provide temporary accommodation while repairs are being carried out, but this should not be a reason for tenants to move out of their properties permanently.
Misconception #4: Tenants are responsible for reporting all repairs
Tenants have a responsibility to report any repairs that need to be carried out in their properties. However, this does not mean that tenants are responsible for all repairs. Landlords have a legal obligation to maintain their properties in good condition, and they should carry out regular inspections to identify any repairs that need to be carried out. Tenants should report any repairs that they notice, but landlords should also take proactive steps to ensure that their properties are in good condition.
Misconception #5: Tenants will be evicted if they make a housing disrepair claim
Many tenants are afraid to make a housing disrepair claim because they fear that they will be evicted if they do so. However, this is not the case. Landlords are not allowed to evict tenants in retaliation for making a housing disrepair claim, and tenants have the right to seek compensation for any harm they have suffered as a result of their landlord’s negligence. Tenants who make a housing disrepair claim are protected by law, and they should not be afraid to assert their rights.
What happens in a housing disrepair claim?
If a tenant believes that their rented property is in disrepair, they should report it to their landlord in writing. If the landlord fails to carry out the necessary repairs, the tenant can take legal action to seek compensation. Here is what typically happens in a housing disrepair claim:
- Initial Assessment: We at National Claims will assess the case and determine whether there is enough evidence to pursue a claim. We will also consider the level of harm that the tenant has suffered as a result of the disrepair.
- Letter of Claim: If we believe that there is a case to pursue, we will hand you over to one of our solicitors on our experienced panel, and they will discuss the issue and claims process further with you.
- Evidence Gathering: The solicitor will gather evidence to support the claim. This may include photographs of the disrepair, medical records, and witness statements.
- Negotiations: The landlord will usually respond to the letter of claim, and negotiations will begin to reach a settlement. Most housing disrepair claims are settled out of court, and the tenant may receive compensation for any harm they have suffered as a result of the disrepair.
- Court Action: If negotiations fail, the case may go to court. This is rare, as most cases are settled out of court.
Note: You can only make a claim if you are currently living in social housing.
How much compensation for housing disrepair?
Wondering how much compensation you could receive for your housing disrepair? Simply complete one of our claims forms, easily accessible on our website.
Conclusion
Housing disrepair can have a significant impact on the health and safety of tenants. It is important for tenants to be aware of their rights and to seek legal guidance from National Claims if they believe that their rented property is in disrepair. There are several misconceptions about housing disrepair claims that can prevent tenants from seeking the compensation they are entitled to. However, by understanding the legal process and working with National Claims, who specialises in housing disrepair claims, tenants can assert their rights and seek justice.
Contact National Claims today for further information on making a housing disrepair claim.
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