We were instructed by Mr B from The Midlands in the summer of 2021, he had beenexperiencing substantial disrepair issues within his council property since 2017. Our client had tried and failed on numerous occasions to get the council to sufficiently repair his home therefore he contacted us and we took on his case under a ‘No Win No Fee’ agreement to claim compensation and get his home repaired.
Rotten wooden window frames and blown seals were causing draughts, leaks, condensation, and black mould. Numerous calls and emails from our client to the council had resulted in the window frames being glossed over rather than being adequately repaired or replaced and whilst this caused our client great distress and inconvenience this was not the worst of the disrepair. A leak above the living room had been slowly making itself known and after numerous calls and emails to the council no less than three contractors attended the property for it to be reported on each occasion that they were “unable to find the cause of the leak” and “it’s just a slow drip” but of course a slow drip over time will eventually lead to a much bigger problem in the future and it eventually resulted in the living room ceiling collapsing.
The councils attempts to fix the clients property were few and far between and less than satisfactory which left our client with the stress and physical health implications of living in a constant state of disrepair.
Evidence of numerous phone calls, emails and letters to the council were supplied by the client along with a report from a reputable surveyor that confirmed that the level of disrepair within our client’s property was substantial.
We sent a detailed letter of claim to the council setting out that they were in breach of express and implied terms of tenancy and/or breach of their statutory and common law duties however they refused to accept liability or agree to do the repairs within a satisfactory time frame therefore we issued court proceedings.
The court ruled that the council was in breach of the terms of tenancy and the client was awarded compensation of £8,000 with all legal costs recovered from the other side. The living room ceiling was fixed and finished to a high standard with new windows fitted throughout within just a few weeks.
Our client had up until the point of instruction lived in a state of disrepair for a total of 1624 days and whilst the most important thing for the client’s health and well being was getting his home repaired the compensation for all the distress caused came a close second.
For more information on how compensation is generally calculated, read our article on this subject: https://www.mjvlaw.co.uk/legal-news/housing-disrepair-compensation/
by MJV&Co
Background – Damp and Mould
Our client moved into a new home in August 2017. Shortly afterwards she noticed damp and mould in the bathroom and reported this to her landlord.
As is often the case, she was told to clean it herself and no inspection was undertaken.
Over the next few months, the problem spread to the hallway, living room and two bedrooms. She reported the problems again, but no inspection was carried out. At a routine inspection, she pointed out the problems and the surveyor agreed that there was a problem that necessitated further enquiries. However, it still took several months for someone to attend the property.
Inadequate repairs – Damp and mould
Eventually, her landlord’s agent attended the property and inspected the damp. They removed the plaster from the walls and applied a treatment to prevent the damp returning in the hallway and living room. However, he did nothing to treat the issues in the bathroom and bedrooms.
Our client contacted her landlord again to request that they send someone back to solve the problems in the other rooms, but they failed to do so.
Claim
Our client contacted us in September 2019. We agreed to help her on a no win no fee basis.
Such claims have rules for how they are to be conducted and having followed these, we instructed an expert surveyor who attended the property to carry out a joint inspection with a surveyor on behalf of her landlord.
At the inspection, the cause of the disrepair was identified. There was a concrete slab that was acting as a bridge for water to pass onto the plaster causing the damp and mould. The correct repairs were agreed between the surveyors and our client’s landlord arranged for these works to be completed within a few weeks of the inspection.
In addition to having her home repaired and decorated where required, our client’s claim settled for more than £1,000 in compensation.
by MJV&Co
Housing Disrepair Case Study
Our client contacted us in September 2019 to obtain free legal advice about her potential claim for housing disrepair.
Background
In around November 2018, a leak from the flat above caused water to enter our client’s property. The leak persisted for some time and damp and mould began to form.
Our client reported the problem to her landlord, who were also the landlord to the tenant of the property above, and they attended to carry out an inspection. They failed to carry out the checks that were needed and denied that they were responsible for fixing the problem.
Due to the leak, which our client was aware of, she was not happy with the response but did not know her legal position and so accepted the response and continued to live with the problem.
After almost a year of living in damp, mouldy and wet conditions, our client contacted us for help.
Claim
Sadly, it is often the case that landlords, including councils and housing associations, fail to undertake repairs even when they are aware that it is their legal obligation to do so.
We sent a letter of claim setting out the legal position and, in response, the landlord agreed to undertake the necessary repairs and to decorate the rooms that had been affected. They also agreed to compensate her £1,500 for the inconvenience she suffered.
If you live in a property that has been affected by a disrepair issue and your landlord has not done what they should, call us on 01253 858231 or e-mail michael.vincent@mjvlaw.co.uk for a no obligation, free consultation.
by MJV&Co
In claims for housing disrepair, the court does not have the power to order a landlord to move you to a new property. However, by instructing MJV Solicitors, as experts in housing disrepair, we are sometimes able to negotiate this.
Case Study
Our client was living in a property suffering from bad disrepair. The problems included:
Plaster falling away from the walls;
Cracks in the plaster on the walls and ceilings;
Mould and damp in all rooms;
Poorly maintained external brickwork;
A broken toilet; and
Broken bathroom tiles
Our client had been reporting the problems for over six months when she reached out to us for help. We were able to help her on a no win no fee basis.
The Property
The disrepair was so bad, that our client’s landlord needed to move her and her family out of their home while repairs were undertaken. She did not want this and wanted to move out for good.
It is not possible for a court to order this. All it can do is order the landlord to conform with the lease and to do the repairs required. However, we approached her landlord and asked that they compensate her and move her to another property for good.
Following some negotiations, we were able to agree that her landlord move her to a new property she was happy with. She also received a payment of compensation. She had no out of pocket expenses and her landlord paid all the costs of her moving.
Can I move?
Not all landlords will agree. It is important to make sure that an offer to move is made in a certain way and so should only be made through expert housing disrepair lawyers such as MJV Solicitors.
If you wish to talk to us about a no win no fee claim for housing disrepair against a housing association or a council, call us on 01253 858231 or e-mail info@mjvlaw.co.uk
by MJV&Co
Our client approached us because she had been complaining to her landlord for around six months.
Her home suffered from various problems:
The plaster in many rooms was cracked and falling away from the walls;
There were cracks around several windows;
Some of the windows had failed and the seals had degraded causing drafts and leaks;
There were issues with mould, damp and condensation;
The toilet was broken; and
There were cracked and damaged tiles in the kitchen.
Landlord’s Failure
As is often so, her landlord inspected her property but did nothing else. They made promises that they did not keep and did not undertake any repairs as they should have.
Our Involvement
Our client grew frustrated at the conditions she was living in and instructed us to help her. We did so on a no win no fee basis as we do with all the housing disrepair clients whose claims we accept.
We presented the claim to her landlord and started the process as soon as she had completed her paperwork.
Sadly, her landlord ignored us as well. We instructed one of the country’s leading housing disrepair surveyors who inspected the property and produced a report. This confirmed that there was substantial disrepair that was the landlord’s responsibility. Once they received the report, they initially denied any wrong doing, but using our expertise and experience, we were able to prove them wrong.
Settlement
We were able to negotiate an agreement that our client was happy with. She was well compensated and now lives in a home free from damp, falling plaster and other disrepair that no tenant should have to endure
Your Claim
If you recognise any of the problems discussed in this housing disrepair case study and are the tenant in a council or housing association property, call us today on 01253 858231 or e-mail info@mjvlaw.co.uk for your no obligation consultation.
We offer a no win no fee service and are experts in our field.
by MJV&Co
On 20 March 2020, the Homes (Fitness for Habitation) Act 2018 (‘the Act’) comes into full force.
It already applies to certain types of tenancies that started on or after 20 March 2019, but will apply to all qualifying tenancies on the same day in 2020.
Does it apply?
For the purposes of most residential landlords’ business, it will.
This is because it applies to:
tenancies shorter than 7 years that are granted on or after 20 March 2019 (tenancies longer than 7 years that can be terminated by the landlord before the expiry of 7 years shall be treated as if the tenancy was for less than 7 years)
new secure, assured and introductory tenancies (on or after 20 March 2019)
tenancies renewed for a fixed term (on or after 20 March 2019)
from the 20 March 2020 the Act will apply to all periodic tenancies. This is all tenancies that started before 20 March 2019; in this instance landlords will have 12 months from the commencement date of the Act before the requirement comes into force
As most private residential tenancies are for 6-12 months, it is highly likely that the Act will be a consideration for most landlords
What Does it Mean?
Back in 1985, the Landlord and Tenant Act of that year inserted a clause into all relevant tenancy agreements that required homes to be fit for human habitation, but it only applied to properties where the rent was below a certain amount. This meant that, very soon, it did not apply to any tenancies and was irrelevant.
The Act does not link the requirement to the rent paid and so it will apply to all qualifying tenancies and will not become outdated or inoperable due to inflation. It is here to stay.
It requires landlords to ensure that their properties are fit for human habitation and the test for this will be whether there are any of the following issues:
the building has been neglected and is in a bad condition
the building is unstable
there’s a serious problem with damp
it has an unsafe layout
there’s not enough natural light
there’s not enough ventilation
there is a problem with the supply of hot and cold water
there are problems with the drainage or the lavatories
it’s difficult to prepare and cook food or wash up
As housing disrepair specialists, our view is that the biggest change brought in by the Act will be the way landlords are required to address damp.
Currently
Only damp, mould and other such water related issues that are caused by disrepair at properties are actionable.
For example, a property that has penetrating damp due to a failed damp proof course would fall under the landlord’s responsibilities. The damp proof course is in disrepair and has allowed the damp problem to develop.
A property that was poorly designed and suffered from damp due to poor ventilation would not be covered by the landlord’s duty.
The Change
Unless a landlord can prove that the damp is caused by the tenant not acting like a good tenant (by not opening windows in the summer for example), damp and mould are a prescribed hazard. The landlord would be required to take steps to resolve the problem such as by fitting extractor fans. This would previously have been considered an improvement that a landlord was not required to make.
Generally
The above is just one example used to illustrate the point.
If you are a landlord or a letting agent and receive complaints from tenants, you need to know that the law is changing and the scope of your responsibilities has changed.
We act for claimants in such claims and we foresee that the number of housing disrepair claims with a reasonable prospect of success increasing significantly following the full introduction of the Act.
What Should I Do?
It is always wise to ensure that your insurance is comprehensive enough to provide you with assistance should a tenant present such a claim against you. Make enquiries of your broker or insurer and check if you have legal expenses insurance and, if so, what it covers.
You should also seek legal advice. This is is especially so if you have a tenant in a property who has complained of disrepair that was not previously your responsibility as it may well be as of 20 March 2020.
At MJV Solicitors we can offer a no obligation free consultation to advice landlords on the changes to the law and their responsibilities. Call us today on 01253 858231 to arrange.
by MJV&Co
Earlier this year thermal imaging company, IRT undertook a survey of 250,000 properties to assess the effectiveness of cavity wall insulation.
The outcome was that was around a quarter of those properties surveyed were not obtaining any benefit from the cavity wall insulation and, in some cases, saw bills rise rather than fall.
An article in the Daily Mail reports that some 6,000,000 homes in the U.K. have had cavity wall insulation installed and so as many as 1,500,000 properties will see no benefit from the installation.
A survey of 250,000 properties by thermal-imaging company IRT found the addition of cavity wall insulation to existing homes had failed to work in a quarter of cases and problems in half the homes it surveyed. Some owners even saw bills rise.
Despite this, the Cavity Wall Insulation Guarantee Agency (‘CIGA’) claim that satisfaction rates among those who submit claims are up. In our experience, this could not be further from the truth. Claims against CIGA are rarely dealt with to the satisfaction of the homeowner and those affected by mould, damp and compensation caused by cavity wall insulation are being let down.
At MJV & Co Solicitors, we provide expert legal advice and assistance for victims of cavity wall insulation. If you have mould, damp or condensation on your walls and have cavity wall insulation fitted, there is a very good chance, especially if there was no such issue prior to the installation, that the cavity wall insulation is the cause of the problem. Removing it will help prevent further problems, but we can assist you in having the damage repaired and your home returned to the condition it was in prior to the installation.
In most cases we are able to offer cavity wall insulation claim representation under no win no fee agreements. To get your claim started or for more information call us today on 01253858 231 or email info@mjvlaw.co.uk
