We understand that starting a Housing Disrepair Claim can be daunting. That’s why we’ve created this blog designed to answer any questions you may have, from eligibility to possible charges (or lack thereof!). Can’t find an answer to your question? Call us directly on 0800 610 2223 and we’d be happy to help.
Q1: Will I
be charged?
No. At no point in your claim will you be charged for our services. Our legal fees are paid directly by your Council or Housing Association upon completion of your claim. Of any compensation awarded, you will receive a percentage depending on the assessed risks associated with your particular matter.
The only time we will ever request your bank details is when we’re paying compensation into your account.
Q2: If my case is successful, what will I have to pay?
You will never have to pay a penny.Of any compensation awarded, you will receive a percentage depending on the assessed risks associated with your particular matter.
Q3: What happens if my claim is unsuccessful?
If your claim is unsuccessful with regards to compensation, you still will not be charged, and the repairs will still be completed in full.
Q4: How does the process work?
We initially ask you questions regarding the disrepair at your property. We then request that you send through images of the disrepair either via WhatsApp or email. Once received, we will then proceed to arrange an agent to attend your property at a time that suits you. Once this agent has attended your property, a letter (called a letter of claim) is then dispatched to your Council or Housing Association. Your Landlord will then have a 21-day deadline to respond and put a plan of action in place for you.
Q5: Do I qualify?
You are eligible to start a Housing Disrepair Claim if:
Q6: What qualifies as Disrepair?
Your Council or Housing Association are responsible for keeping your property up to legal standards of repair - repairs they are generally responsible for include the structure and exterior of your home (walls, roof, foundations, drains, guttering and external pipes, windows and external doors), and also basins, sinks, baths, toilets, pipework, water, gas pipes, electrical wiring, water tanks, boilers, radiators, gas fires, fitted electric fires and/or fitted heaters.
Some examples of disrepair include (but are not limited to) water leaks, water ingress, damp, mould, dry rot, structural issues or faults with your roof, guttering, windows and doors.
Q7: Do you deal with Private Tenants?
No. Please contact the Housing Ombudsman or Citizens Advice.
Q8: Can the Council or Housing Association evict me for starting a Housing Disrepair Claim?
No. Our aim is not to create a bad relationship between tenant's and their Landlord's. Our purpose is to simply get the outstanding repairs completed at your property, and hopefully claim compensation to reimburse you for the stress and inconvenience caused as a result of the disrepair. Your Council or Housing Association cannot evict you for starting a Housing Disrepair Claim. They can, however, evict you if you have high rent arrears, for example.
Q9: What can affect the success of my claim?
There are different contributing factors that may lead to your claim being unsuccessful. For example, notification. During your claim, we review your tenancy file in an attempt to extract every complaint you have ever made in order to calculate what compensation you may be owed. Without notifying your Council or Housing Association of the disrepair at your property, your claim will be unsuccessful.
Another example would be if you (as the tenancy holder) have privately arranged for works to take place at your property without notifying your Council or Housing Association. If these private works are the cause of the disrepair at your property, your Landlord will not be responsible for the resulting disrepair.
Q10: My furniture has been damaged - can I claim for this too?
Yes. If any of your personal belongings, clothes or furniture has been damaged as a result of the disrepair at your property (for example, damp), you can include this in your claim. However, in order for us to claim this back, we do need evidence by way of receipts or bank statements to prove purchase of these items. Please bear in mind that the full cost of said items, unless brand new at the time of being damaged, can rarely be claimed back.
Q11: How is compensation calculated?
In short, we seek to claim compensation to reimburse you for the stress and inconvenience caused as a result of the disrepair at your property. We calculate stress and inconvenience by first determining how long you've been complaining of the disrepair. We then calculate how much rent you've paid during this time. We seek to claim back a percentage of this rent based on how many living spaces in your property are affected.
For example:
Katie has been complaining of ongoing damp at her property for 1 year. Her monthly rental payment is £350.00. Only her bedroom is affected by the damp (10%).
12 x 350 = £4,200.00
10% of 4,200 = £420.00
In this example, Katie's claim is worth £420.00.
For more information on how compensation is calculated, please see our blog on Housing Disrepair: How do we calculate what a claim is worth?
Can’t find an answer to
your question? Call us directly on 0800 610 2223
and we’d be happy to help.
PLEASE NOTE: MLA Solicitors operates a zero-tolerance policy at all times. With this, any behavior our employees deem abusive, harassing or intimidating in any way (whether written, verbal or otherwise) and that is incurred from clients at any stage in their claim will result in their retainer being cancelled indefinitely and with immediate effect.
MLA Solicitors' Complaints Process
If you become unhappy or concerned about our services, we have included details of our complaints process here.
t:
0161 713 0399
e: info@mlasolicitors.co.uk