Living in a home plagued by mould and structural damage can severely impact your health and well-being. In the UK, tenants have the right to reside in properties that are safe and free from hazards. If your landlord fails to address these issues promptly, you may be entitled to file a housing disrepair claim. This guide outlines the steps to take, potential compensation, and how National Claims can connect you with experienced solicitors to assist with your claim.​
Understanding Your Landlord’s Responsibilities
Landlords are legally obligated to maintain the structure and exterior of the property, including walls, floors, and roofs, as well as installations for water, gas, electricity, sanitation, and heating. This responsibility encompasses addressing issues related to mould and structural damage.
The Homes (Fitness for Human Habitation) Act 2018 mandates that rented properties must be free from serious hazards, including damp and mould. If such conditions are present, the property may be deemed unfit for habitation.
Steps to File a Housing Disrepair Claim
- Identify and Document the Issues Begin by thoroughly documenting the disrepair:
- Photographs and Videos: Capture clear images or videos of the mould and structural damage, noting dates and times.​
- Health Impacts: Keep records of any health issues arising from the disrepair, such as medical appointments or prescriptions.​
- Communication Records: Save copies of all correspondence with your landlord regarding the issues.
- Notify Your Landlord Inform your landlord or property management company about the disrepair in writing. Clearly describe the problems and request prompt repairs. It’s advisable to send this notification via a method that provides proof of delivery.
- Allow Reasonable Time for Repairs Landlords should address urgent health and safety issues promptly. For non-urgent repairs, landlords are generally expected to complete them within a reasonable timeframe. If your landlord fails to act within these periods, you may consider further action.
- Seek Legal Advice If your landlord does not address the disrepair, consult with a legal professional specializing in housing disrepair claims. National Claims can connect you with experienced solicitors who will guide you through the process and help you understand your rights and options.
- Initiate the Claims Process Your solicitor will assist in following the Pre-Action Protocol for Housing Conditions Claims, which involves:
- Letter of Claim: Sending a formal letter to your landlord detailing the disrepair and proposed actions.​Expert Inspection: Arranging for an independent surveyor to assess the property and provide a report on the disrepair.​Negotiation: Attempting to reach a settlement with your landlord regarding repairs and potential compensation.
If a resolution cannot be reached, your solicitor may advise proceeding to court.
How Much Compensation Can You Claim?
Compensation amounts vary based on factors such as:​
- Severity and Duration: Extent and length of time the disrepair has been present.​
- Impact on Health: Any physical or mental health issues caused by the disrepair.​
- Inconvenience: Disruption to your daily life and enjoyment of the property.​
- Financial Losses: Additional expenses incurred, such as higher heating bills due to poor insulation.​
In some cases, tenants have received compensation worth thousands of pounds for issues including mould and leaks. ​The Sun
Frequently Asked Questions – Housing Disrepair Claims
Q1. What if I’m in a privately rented property?
The outlined steps apply to both social and private housing tenants. Private tenants should follow the same process and may seek assistance from legal professionals specialising in private rental disputes.​
Q2. Can I withhold rent if repairs aren’t made?
Withholding rent without a court’s permission can lead to eviction. It’s advisable to seek legal advice before considering this action.​
Q3. What if my landlord retaliates against me for filing a claim?
Retaliatory actions, such as eviction threats after reporting disrepair, may be unlawful. Legal protections are in place to prevent such behaviour. Consult with a solicitor if you experience retaliation.​
Q4. How long does the claims process take?
The duration varies depending on the case’s complexity and the landlord’s responsiveness. Some cases settle in a few months, while others may take longer, especially if they proceed to court.​
Q5. Are there any costs involved in filing a claim?
Many solicitors operate on a ‘no win, no fee’ basis for housing disrepair claims, meaning you won’t pay legal fees unless your claim is successful. Discuss fee structures with your solicitor before proceeding.​
Conclusion
Addressing mould and structural damage promptly is crucial for your health and safety. If your landlord fails to make necessary repairs, you have the right to take action. National Claims can connect you with experienced solicitors who will guide you through the process, ensuring you receive the compensation and living conditions you deserve.​
Contact National Claims today, and we will put you in touch with an expert solicitor who can guide you through the claims process.📞 Call us now free 0800 029 3849 or 📩 Submit an online enquiry to speak to our team. Your safety and well-being matter, and we’re here to help.
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