Defective Premise and Housing Disrepair Solicitors in London, Birmingham and Northampton

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Our expert team can advise residential and commercial property owners and tenants on what their responsibilities are and how to recover the cost of fixing defects. We are trained negotiators with an excellent record of securing beneficial settlement agreements for our clients outside of Court.

If a settlement can’t be achieved, you can rely on our housing disrepair lawyers to defend your claim in Court if needed and ensure that not only all necessary repairs are carried out, but you are also granted the compensation you deserve. We also take on No Win No Fee cases involving housing disrepairs.

If you would like to make a defective premises or housing disrepair claim, speak to our solicitors in London, Birmingham and Northampton for immediate advice on 0300 303 2071 or send us a query at info@witansolicitors.co.uk to find out how we can assist you. Your initial, no-obligation consultation is free of charge. 

What is Housing Disrepair?

If you are renting a residential or a commercial property, the landlord has the responsibility to maintain the property in a condition that makes it suitable for its intended use. When the rented property becomes unsafe due to deterioration, it is considered to be in a “state of disrepair”. 

Once you have notified the landlord of the issue, it is their duty to ensure the problem is resolved and the property is brought up to an acceptable health and safety standard.

Housing Disrepair Examples

Examples of common housing disrepair problems that can pose a danger to the tenant’s health and safety include:

• Mould and damp
• Broken heating
• Water damage 
• Unsafe electrical wiring
• Structural deterioration
• Rat and insect infestation
• Broken fittings in bathrooms and kitchens
• Broken doors and windows

When Can I Make a Housing Disrepair Claim?

According to the Homes (Fitness for Human Habitation) Act 2018, landlords have a responsibility to provide their tenants and any visitors with safe, warm and healthy living conditions. If tenants report an issue, such as rising damp and mould, landlords need to carry out the necessary repairs in a timely manner.

However, if landlords fail to fulfil their duty of care and complete repairs within a reasonable time frame, tenants have a right to claim damages. To claim under the Defective Premises Act, tenants simply need to prove that there is an item in disrepair that is posing a potential risk. However, to claim under the Homes Act, tenants only need to prove that the issue is causing potential harm.

You must provide notice to the landlord regarding the housing disrepair and every claim must be made within six years of the date when your notice was received. This can happen during or after your tenancy. 

Our team of specialist housing disrepair solicitors can help both landlords and tenants understand what their rights and responsibilities are. 

Landlord’s Responsibilities

In defective premises and housing disrepair cases, it is important to understand the exact responsibilities of the landlord to define whether you have grounds to make a claim or not. Some of the things a landlord is responsible for include:

• All boilers are working as intended and are safe for use
• Structural damages to the building are repaired promptly
• Faulty or exposed electrical wiring is fixed
• Regular maintenance is provided for roofs, walls and floors 
• Water and gas leaks are repaired in a timely manner
• Broken sewers are repaired fast
• Damp and mould issues are addressed and  the cause is removed 
• Subsidence issues are resolved 
• Central heating is maintained in good working condition
• Health and safety standards are observed within the building

Our team of specialist housing disrepair solicitors can help both landlords and tenants understand what their rights and responsibilities are.

When Can I Get Compensation?

When housing disrepair claims go to Court, the landlord will be required to fix the problem with the property. You may also be entitled to claim compensation for:

Personal Injury

You can claim compensation if as a result of your landlord’s actions you have been injured or have suffered health problems, such as:

• Respiratory difficulties caused by mould and damp
• CO (carbon monoxide) poisoning
• Injuries caused by slipping or tripping 
• Electrocution due to fault wiring
• Stomach problems caused by unhealthy living conditions
• Mental health problems 

Our team of housing disrepair lawyers in London, Birmingham and Northampton can assist you with collating the necessary evidence to prove your personal injury claims, including medical reports and expert evidence. We also offer representation in all follow-on court action proceedings.

Damaged Belongings

If the poor condition of the property, or the repair measures taken by the landlord have caused your private belongings to suffer damage or be destroyed, you could be entitled to claim compensation for the value of the belongings in question. 

Financial Loss

If you have lost money as a result of your landlord’s failure to address the housing disrepair matter on time, you can claim compensation. To have a better chance of recovering the monetary damages in Court, you should ensure you are not in rent arrears. 

Inconvenience

Dealing with housing disrepair problems, as well as their lengthy repairs, can be disruptive and prevent you from using your rented property until the issue is resolved. If that happens, you can claim compensation for the inconvenience caused.

Who We Are

Witan Solicitors is a Legal 500 recognised law firm with offices in London, Birmingham and Northampton, with a team of specialist solicitors for housing disrepair and defective premises. Established in 1986, we have been building our expertise in the property law area and demonstrating it in a great number of successful cases over the years.

Our housing disrepair lawyers have over a hundred years of combined experience and are dedicated to providing you with the best possible legal services. We strive to be your guide in this complex area of law, giving you practical, actionable advice based on your circumstances. 

Our transparent approach involves avoiding legal jargon where possible to give you maximum visibility of your case. We give you all the information you need to make the right decision and sit in the driver’s seat of your case. You can rely on our expertise in bringing a claim, negotiating a settlement and winning compensation for you in Court.

How We Can Help

We can help tenants lodge disrepair claims and even send a letter to your landlord to get them to complete the repairs. We can also help landlords defend claims and gather evidence to show that they responded to reports of disrepair and carried out any necessary works within a reasonable time frame.

Negotiating a Settlement

In cases involving builders and construction companies, the court has a protocol in place that requires early disclosure of all relevant facts in the hope that an out-of-court settlement can be reached. We can help you negotiate settlements and ensure that your best interests are protected. If your claim does go to court, we can represent you at the hearing to help you achieve the best possible result.

Making A Housing Disrepair Claim

If you would like to make a claim, it is advisable to first make a complaint through the construction firm’s own complaints handling procedure. A member of the team can guide you through the process to ensure you get the compensation you deserve.

Defective Premise Claims

If a builder is part of a professional trade organisation, the trade body may not have the authority to award compensation. In such cases, we can advise you on making a defective premise claim.

Funding Your Claim

We believe that everyone deserves the best legal advocate they can possibly get. However, we understand that not everyone has a bottomless pit of money to fund their claim. That is why we provide a wide range of alternative legal funding options, including:

• No win, no fee
• No win, low fee
• Legal expenses insurance
• Damages-based agreements
• Fixed fees
• Fixed cost start
• Litigation funding

To learn more, explore our full range of funding options available. Alternatively, give our solicitors a call on 0300 303 2071 or email us at info@witansolicitors.co.uk.

Why Choose Witan Solicitors?

• 100+ Years of Combined Experience: Trust in our team’s combined experience in housing disrepair cases spanning over a century
• Winning Cases Since 1986: We will fight to win your case and our excellent track record shows we have what it takes to do it 
• Legal 500 Recognised: Our Solicitors have been recognised in the Legal 500
• Industry Experts: We work tirelessly to improve our knowledge and ensure our expertise in housing disrepair law is to the highest standard
• Multilingual Support: You can get legal advice in more than 10 languages with our multilingual legal team
• Housing disrepair experts near you: We resolve matters involving defective premises and housing disrepair from our three offices in London, Birmingham and Northampton

To find out whether Witan Solicitors are the right solicitors for housing disrepair for your case, make the most of your initial consultation, free of charge. Call us on 0300 303 2071 or email us at info@witansolicitors.co.uk to speak to an expert with no obligation to hire us. 

FAQ

Can you help me make a claim against my landlord?

If your landlord fails to fulfil their duties to maintain their property in good condition and this has impacted your health or finances, you should speak to our house disrepair lawyers for your eligibility for making a claim.

Can you help with social housing claims?

Yes, if you are a resident in a social housing property and your health is suffering due to the poor conditions in the building, our housing disrepair solicitors can offer advice and help you make a claim.

How much compensation can I get from a housing disrepair claim?

The size of your compensation claim depends on a number of factors including the cost of your rent, the severity of the issue and the time your property has been in a state of disrepair after you have notified your landlord about it. 

You could get, on average, 25-50% of your rent and, in some cases, where the housing disrepair prevents you from living in the property – up to 100% of your rent costs. 

I think I may have grounds to make a housing disrepair claim. What should I do next?

If you think you might be in a position to make a housing disrepair claim, it is best to seek legal advice from a housing disrepair lawyer who can offer specific solutions for your circumstances. Your legal counsel will also guide you through the housing disrepair protocol. 

What is the housing disrepair protocol?

The housing disrepair protocol is a pre-action protocol that has to be followed before you can make a claim. It involves the following:

• Sending a Letter of Claim to your landlord
• Receive a response from the landlord (within 20 days)
• Take action based on admission or denial of guilt
• Attempting alternative dispute resolution (ADR) before going to Court

Can I claim compensation for mould and damp?

Yes, if you have been struggling with severe mould and damp issues at your rented property, this could result in damages to your belongings, as well as serious health problems. If your landlord doesn’t take action to rectify the problem, you can make a housing disrepair claim against them. If successful,  they will have to repair the issue and you may be eligible to claim financial compensation for damages. 

If my landlord won’t repair the property, should I stop paying rent?

It is not a good idea to withhold rent payments, even in a housing disrepair situation because a tenant is legally obliged to pay their rent and if you don’t your landlord can start possession proceedings. This may have a negative impact on your housing disrepair claim. 

My landlord ignores my complaints. What should I do?

Your landlord, whether you are renting a commercial property or social housing, is under obligation to make all necessary repairs to your property. If they are ignoring your complaints, you may be able to start legal action against them for housing disrepair or defective premises. 

Can I claim compensation for emotional distress against my landlord?

Housing disrepair can cause stress and mental health problems and you may be able to claim compensation if that is the case. Emotional damages are usually not the principal driver of a housing disrepair claim but they certainly can be a contributing factor. 

Our housing disrepair team will be able to advise you further on your options, once we are more familiar with the details of your case. 

Can my landlord take legal action in retaliation for a housing disrepair claim?

If certain conditions apply, a landlord could respond to a housing disrepair claim by serving you with a Section 21 Notice. If deemed valid, the Section 21 Notice will invalidate your housing disrepair claim and you will be evicted. 

To avoid being served a Section 21 Notice, you should consult with a solicitor before making a claim. You should also seek legal advice if you have already been served a Section 21 Notice.

Do you offer “No Win, No Fee” services for housing disrepair claims?

Yes, speak to one of our housing disrepair solicitors in London, Birmingham or Northampton to find out if you are eligible for our “No Win, No Fee” service.