Will Tenants Housing Disrepair Claims Go To Court?

 When landlords fail to carry out their duty in cases of housing disrepair, for most aggrieved tenants, the logical thing to do is to take the landlord to court. Going to court however can be somewhat time consuming and should not be the first resort for tenants, as cases of housing disrepair can easily be resolved outside court. 


If you are having to put up with a housing disrepair issue after reporting the case severally to your landlord, potentially, you have a housing disrepair claim. 


A tenant whose landlord has outrightly refused to carry out their duties or acted negligently may instigate housing disrepair claims. To find out if you're eligible for a claim, kindly contact our no win no fee housing claim solicitors today for a free case evaluation. 


Looking to go to court?

Due to the coronavirus, it is important that you go through the covid19 court and tribunals guidance, as some courts are temporarily closed or have changed their modus operandi. 


 In this article, we will discuss the steps you can take as a tenant if you want to sue landlord for mold UK, what evidence you'll need, and when you can take court action. 


When can tenants take court action? 


Before taking court action, as a tenant you must: 


  • Ensure your landlord is responsible for the repairs as there are specific repairs that landlords are generally obligated to carry out to make sure a home is fit for habitation. 

  • Ensure you have reported the problem to your landlord (in writing, describing the extent of the problem) and given your landlord ample time to respond and fix the disrepair issue. 

  • Ensure that you have solid evidence to support your case. For example, a copy of a letter or email sent to your landlord and the date it was sent, images of the state of disrepair etc. 

  • Explore other options to resolve the case, which must have proven fruitless. 


What is Housing disrepair protocol? 


In cases of housing disrepair claims or housing association disrepair claims, tenants are required to follow the “Pre-action protocol for housing disrepair”. The court may not hear disrepair claims by tenants who do not follow the disrepair protocol. This is why it is important to seek legal guidance from some of the best housing disrepair solicitors, as it heightens your chances of successful housing disrepair claims. 

 

Must Housing Disrepair claims go to court? 

Simple answer is no. However some disrepair claims by tenants may eventually make it to court as they continue to linger. Depending on the factors bordering around your case, you may be eligible to get financial aid to cover your legal fees. 


In cases where legal aid is not available to you, your housing disrepair claims could be heard in small claim courts, where you will be required to pay a fixed fee. Additionally, some housing disrepair solicitors offer victims an opportunity to bring no win no fee claims. 


You can call our housing disrepair helpline today to speak with an expert housing disrepair solicitor who will assess your case and discuss the best possible approach with you. 


What are the time limits for taking court action in housing disrepair? 


Tenants who want to sue landlord for mold UK or any other form of property damage would have to take court action within six years. What this means is that you have six years from the time when you have informed your landlord about the disrepair problem - this is in a case where the court action is based on breach of contract. 


In a negligence or nuisance that has caused a tenant or their loved one harm, the six years mark starts from when you noticed the damage to property or when an injury took place. 


Compensation for housing disrepair claims

The compensation received by tenants for housing disrepair claims is worked out based on present and foreseeable loss or damages a tenant has suffered as a result of housing disrepair. You could claim damages if you have had to put up with problem of damp and mould, you could claim damages if your property or furniture has been destroyed or damaged because the landlord failed to carry out a necessary repair or you haven’t been able to work from home and had to incur additional expenses or you have been made ill by the repair issues.


Our no win no fee housing solicitors are specialists with enormous years of experience in bringing housing disrepair claims. We have helped lots of tenants reach a resolve even in the most complex cases. 


No win No Fee Housing Solicitors

No doubt, taking court action can be expensive and it’s one of the most discouraging factors for tenants who seek to pursue housing disrepair claims. If the cost of taking legal action against your landlord is the only thing standing in the way of your getting justice, we can help. 


Wondering how? When you choose to work with our solicitors for your housing disrepair claims Manchester, you can afford to bring claims without worrying about financial implications. 


We work with the best housing disrepair solicitors who operate on a no win no fee basis. Our housing disrepair solicitors London no win no fee arrangement means that there is no cost to you in the event of an unsuccessful claim. 

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