Notice is often the point of dispute in a housing disrepair claim.
Disrepair
Part of the test to assess whether a potential client is likely to have a claim for housing disrepair is that their home is in a poor condition due to their landlord failing to undertake repairs that are their responsibility.
We will not go into this in any detail in this article as we will be writing in the near future on what is meant by disrepair and what type of issues typically fall under the landlord’s obligations.
Notice
The second part of the test is that the tenant has given their landlord sufficient notice. The disrepair or defect must be brought to their attention. If, having received notice of disrepair for which the landlord is responsible, they fail to carry out repairs within a reasonable time, you are likely to have a good claim for housing disrepair.
Without the notice, a landlord is likely to agree to undertake the repairs, but not compensate you for the inconvenience and distress their failure to act has caused.
Method
Most of our clients report issues with disrepair by telephone. While many landlords are very good at keeping records and record any such reports, many do not.
We are often instructed by clients a few years after they say they first reported a particular problem and so they cannot give much information as to the date that the issue was reported. If there is no record within the evidence the landlord discloses to us, it is much more difficult for a claim to succeed as it is necessary for a tenant to give a landlord notice.
As such, we recommend, whether you are intending to bring a claim or not, you should always report any disrepair by e-mail. You will then have a written record of the date and time of each report as well as the contents of each complaint. You can refer back to this for years to come.
Nobody knows whether their landlord will act responsibly for if they will fail in their duty towards them. As such, you should always proceed cautiously.
External Disrepair
It is not necessary for a tenant to report items of disrepair to the exterior of the property. These are discoverable without the landlord gaining entry to the property. However, where the external disrepair gives rise to internal problems (such as if there are issues with the pointing at the property allowing water to enter) then the issues affecting the inside must still be reported.
Constructive Notice
If there has been an inspection since an internal problem first showed, provide it was discoverable by the naked eye, the landlord can be considered to have constructive notice.
However, while a tenant may say that it was discoverable, landlords are likely to deny this and so deny that nootice has been served.
The Importance
A claim for housing disrepair compensation cannot succeed unless a tenant can prove that notice was given to the landlord.
The damages you receive will be calculated based on the period from the date a reasonable landlord would have completed the repairs having received notice. More can be found on how compensation is calculated here: https://www.mjvlaw.co.uk/legal-news/housing-disrepair-compensation/
Just in case you ever need to bring such a claim, always report issues by e-mail and always save those e-mails. You will, hopefully, never need them, but you will be glad you followed this advice if you do.
by MJV&Co
There are some cases where Councils and Housing Associations are able to legitimately argue that they have acted reasonably, but this was not one of them. Our client endured an internal leak for 5 years before an internal ceiling collapsed. His landlord then failed to repair the resulting damage for another 2 years.
Internal leak
In 2013, our client noticed that there was a wet patch forming on the ceiling of a downstairs toilet. He tried to clean it, but this did not work and so he reported it to his landlord.
They investigated and claimed that there was not a problem for which they were responsible.
The damp got worse and it became clear to our client that there was a leak coming from somewhere within the property. He reported this numerous times, but his landlord continued to deny liability.
In late 2018, the ceiling of the downstairs toilet collapsed. Our client reported this as an emergency and, five years after first reporting the problem and being told that it was not his landlord’s issue, the inspector undertook a proper investigation and concurred with our client. There was an internal leak and there had been for, at least, five years.
Work was undertaken and the leak was fixed.
Making Good
Following a repair, there is often damage. This can be to flooring, plaster and so forth. Repairing this resulting damage is known as ‘making good’ and what is required varies case by case.
In this matter, the ceiling in the downstairs toilet had collapsed and there was wider water damage to that room and the rooms around it. It fell under the landlord’s repairing obligations to make the damage good and to decorate.
Having repaired the leak, the landlord’s agent confirmed that someone would be back to make good. Having heard nothing for some time, our client called his landlord and asked that the work be undertaken as soon as possible. Unfortunately, nobody came.
Our client continued to report the problems he had been left with, but his landlord missed appointments to inspect the problem or failed to even agree to send someone.
Our Instructions
Our client contacted us for help and we agreed to bring his claim on a no win no fee basis.
We presented the claim to his landlord and they undertook an inspection. They admitted their breaches of their repairing obligations and agreed to undertake certain repairs. We advised our client that we were unhappy with what they were proposing and so we sent our own expert to carry out an inspection.
He agreed with our client. His landlord’s Schedule of Works was inadequate and he provided his own, which was far more comprehensive.
Following an exchange of views with his landlord, faced with the threat of court proceedings if they failed to agree to our proposal, they agreed to carry out our expert’s advised course of action. They completed those works, returning the client’s home to the condition it should always have been in.
Compensation
We were able to settle the claim for £2,800. Despite the problem going on for around 7 years, the rent at the property was low.
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/
The most important thing with any claim is ensuring that our client’s home is returned to a good condition. However, compensation for the inconvenience, distress and displeasure caused by an issue such as living with a collapsed ceiling, is a close second.
by MJV&Co
We are often asked by clients how much compensation they will receive if their claim succeeds.
Unlike personal injury claims, where the Judicial College Guidelines serve as a guide, there is no such tool in housing disrepair claims.
General Damages / Compensation
General damages are more commonly referred to as compensation. They serve to compensate the tenant for the inconvenience, discomfort and distressed caused to them through their landlord’s breach of their repairing obligations.
The most commonly used method of assessing damages is as a reduction in the rental value of the property.
Take a property was comprised of 2 bedrooms, 1 bathroom, 1 living room and 1 kitchen. If it was let for £100 per week and the disrepair complained of materially affected 1 of the bedrooms, the bathroom and the living room, it would affect 50% of the rooms. Using a very simplistic approach, that would mean the compensation would be £50 per week, being half of the £100 per week rent.
This is paid for the period from when a reasonable landlord would have completed the repairs to the date the landlord of our client did so.
If, in this example, the landlord undertook the repairs 50 weeks after they should have, the tenant would receive compensation of £2,500.
Special Damages
Special damages can be considered your out of pocket expenses. You are entitled to recover any money that you have paid as a result of the problems for which your landlord was responsible.
There is no finite list of these, but you must be able to prove your loss and so receipts should always be kept.
Examples of Special Damages in Housing Disrepair Claims
Cleaning costs;
Loss of earnings (such as if you have had to take time off work to meet the landlord’s agents and they have not attended the appointment);
Additional heating costs or the costs of a dehumidifier when trying to dry out the property;
The cost of alternative accommodation if your property was uninhabitable for any time;
The cost of repair, cleaning and redecoration (provided these are costs incurred personally and the work was not undertaken at the landlord’s expense);
Travel costs;
Medical costs; or
The cost of dining out (such as if food storage or cooking facilities have been damaged).
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
Important new housing disrepair law is coming into operation and it could affect you. If you are a landlord or tenant of a rented property, you should be aware of the changes.
Previously, landlords’ repairing obligations extended to the repair and maintenance of the structure, service media and so forth. This included the roof, brickwork, doors, windows and pipework. Problems regarding the design of the house were not covered. These were not considered to be the landlord’s obligation to repair and so many claims were rejected as housing disrepair claims.
On 20 March 2019, the Human (Fitness For Habitation) Act 1998 comes into law. It breathes new life into Section 8 of the Landlord and Tenant Act 1985. Now, landlords have to ensure a house is fit for habitation. That has always been taken to mean ensuring that the house does not pose a risk to health.
Case Study
Mr Smith lives in a rented house built in 1920. That was before gas central heating and electric showers. There are no problems with the windows, roof or brickwork, but the upstairs suffers from thick black mould. The mould could be dangerous if breathed in. He has complained and his landlord sent a workman. The report on the cause blamed moisture and condensation caused by modern living in an old house.
Currently, Mr Smith would not have a claim. The report suggests fitting extractor fans or a ventilation system, but to fix a design problem rather than to undertake repairs that are the landlord’s responsibility.
From 20 March 2019, provided Mr Smith can prove that the mould is a potential danger to his health, the landlord will be obliged to take the steps required by the report. While the problem is not caused by their failure to do repairs, that no longer matters. They are letting a property and have a duty to ensure it does not pose a health risk.
What to do?
If you have made a housing disrepair complaint against your landlord, particularly if you have previously been advised that you do not have a housing disrepair claim, it is worth seeking fresh advice.
At MJV Solicitors we are happy to help any potential client who thinks they may have a claim.
If your property is affected by damp, mould or other such matter that could damage your health, but that the landlord has claimed is not their responsibility, you should call us on 01253 858231.
We have been working with an expert surveyor to agree a claims pathway for claims under the new act that will maximise your chances of success and the compensation you may receive if your landlord does not co-operate. We can provide all this on a no win no fee basis.
by MJV&Co
When the government “consulted” on reforms to whiplash claims, the only people they really listened to were insurance companies.
The number of claims is already on the way down. The last round of reforms have not yet properly taken effect and yet, rather than monitor their success, they have sought to significantly reduce the level of compensation to be paid for whiplash claims and, essentially, eliminate legal costs from the claims altogether.
Insurers have a vested interest in these claims being stamped out. They have already backtracked on the amount of saving that can be expected for the average motorist and we can safely assume there will be no genuine saving when the reforms are finally implemented.
Anyone who has suffered from whiplash following a road traffic accident will know that it has a serious and detrimental effect on your life. You have reduced sleep and the sleep that you do get is of an inferior quality. It affects your work, your social life and your general well being, which is why the Courts and the Judicial Studies Board have set compensation at the appropriate levels for decades.
A Claimant who suffered a 12 month whiplash injury, using the current scale, would receive up to £3,630 in general damages (personal injury compensation). Following the forthcoming whiplash reforms, the same injured party would receive £1,190.
During the last wave of reforms to the industry, legal costs were reduced and Claimants now normally pay 25% of their personal injury compensation to their solicitor who receives a small amount (comparatively to previous levels anyway) from the insurer of the at fault vehicle. From October 2018, they will receive nothing from the insurer and so costs will be limited to 25% of the compensation received. This will inevitably lead to the closure of dozens of specialist personal injury firms and or claims being run by unqualified staff at Claims Management Companies as happens now with claims for mis-sold PPI.
All we at MJV & Co can hope for is that the government sees sense and retreats from its position on whiplash and personally reforms to ensure that injured members of the public are adequately compensated for the pain and suffering they endure through no fault of their own. Surely this is better for the greater good than increased profits for insurers.
by MJV&Co
Being involved in a road traffic accident can be very stressful and upsetting, but when you are struck by a van as a cyclist only for the driver to flee the scene it can have a terrible effect on the victim.
We acted for Miss B who was cycling on a road with parked cars on either side. She proceeded very carefully as there was a large van coming, but as the van passed her the driver came too close and the mirror of the van collided with her causing her to fall from her bicycle and suffer injuries including a fractured toe.
The driver failed to stop and Miss B was concerned that she would be denied justice, but at MJV & Co we have many years of experience in handling claims against the Motor Insurers Bureau who deal with such claims under their uninsured drivers’ scheme. The scheme has a variety of rules and requirements that, if breached, entitle the MIB to reject them and deny Claimants compensation.
We were able to recover personal injury compensation and all her loses such as lost earnings and taxi fares while she was unable to ride her bicycle.
If you r someone you know has been injured in a road traffic accident, especially when the driver and their vehicle is untraced, have MJV & Co on your side. Call us today on 01253 858 231 or e-mail info@mjvlaw.co.uk
