structural damage compensation claims
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Claiming compensation for structural damage
Every year in the UK, numerous tenants suffer due to their landlords’ neglect. A common issue is the failure to address structural damage in the property, which can lead to significant health issues and damage to personal belongings.
If you’re living in a rented property from a council or housing association and are experiencing problems with structural damage, with your landlord neglecting necessary repairs, you might be entitled to compensation. Our team of housing disrepair experts is here to assist you. We operate on a No Win No Fee basis, meaning you only pay if we successfully win your case. Our success fee is reasonable and one of the most competitive in the market.
The most important things to remember when making a structural damage compensation claim:
Landlords are responsible for ensuring tenants have a safe property to live in
Regardless of your type of employment you should be able to make a claim
Compensation can cover you for damages such as financial, general, and personal injury
Landlords must be given reasonable notice to resolve issues before a claim can be made
Always keep evidence of any disrepair and communications with the landlord
Examples of structural defects
Structural defects in a property can manifest in various ways. Some of the possible examples include cracks appearing in the walls or floors of the property, staining or discolouration on the walls, leaky roofs, and dampness in the property. Other signs can include doors or windows that stick. These defects can potentially endanger the health of occupants and cause damage to personal property, leading to financial loss.
Legal obligations of landlords
Landlords, whether private, part of a housing association, or a council/local authority, have a legal obligation to lease properties that are not in a state of disrepair. This means that the property must be safe and healthy for the tenants and their family to live in throughout the entire tenancy. If a tenant informs their landlord about any structural defects, the landlord is expected to address these issues promptly.
Who qualifies for a disrepair claim
To process a disrepair claim related to structural damage, certain criteria must be met. Firstly, the claimant should be renting their home from a council or housing association. It is also crucial that the rent payments of the tenant are up to date. Prior to filing a claim, the tenant should have already reported the disrepair to the landlord. Additionally, it must be shown that the landlord is responsible for the disrepair. Finally, the landlord should have failed to repair the issue within a reasonable amount of time.
After meeting these criteria, the disrepair claim can be processed in three steps. The first step involves getting in touch with a legal team or solicitor and providing as much information as possible about the matter. The tenant should then allow the experts to do the legal work and provide the necessary documents to process the application. The final step is to let the legal team handle the case, providing updates at each step of the process until a successful outcome is achieved.
It should be noted that the initial assessment is always free and does not come with any obligations. Furthermore, many legal service providers work on a No Win No Fee basis, ensuring that the tenant won’t pay a penny unless the case is won.
What to do when landlord ignores structural issues
If you are a council or housing association tenant living in a building with structural problems, you need to inform your landlord immediately. If your landlord ignores the problem and makes no effort to correct it, you may be able to file a claim for compensation on the grounds that your home is unfit for human habitation.
However, before filing a claim, ensure you can answer ‘yes’ to the following questions: Are you renting your home from the council or a housing association? Are your rent payments up to date? Is your landlord responsible for the disrepair? Has the disrepair been reported to your landlord? Has your landlord failed to repair the issue within a reasonable timeframe?
You can engage a housing disrepair solicitor to represent you in this matter. They can provide an initial assessment free of charge and will work on a No Win No Fee basis. Their expertise can help in getting the maximum compensation and justice that you deserve.
As a tenant, you have rights. The 1985 Landlord and Tenant Act and the 2018 Fitness for Human Habitation Act outline these rights, which include the right to repairs, a stable house, freedom from damp, natural lighting, ventilation, water supply, drainage and sanitation, and facilities for cooking and eating food.
If you discover a structural issue in your property, report it to your landlord immediately and in writing. If your landlord fails to conduct the necessary repairs, refuses to do so, or threatens to withhold your security deposit to cover the costs, they are breaking the law. In this case, a housing disrepair solicitor can advise you on the next steps to take.
Your landlord is responsible for conducting the repairs after being informed of the structural issue. If they don’t respond or make the necessary arrangements within 28 days, you may have a case for housing disrepair.
If your rented home is below an acceptable living standard due to issues such as damp or mould, you could file a claim for compensation, damage, personal injury, financial loss, and/or nuisance. However, you must have reported the issues and given your landlord a reasonable amount of time to repair them.
Claims can be made during or after your tenancy, as long as it is within 6 years of the date you informed your landlord of the disrepair. Personal injury claims related to housing disrepair must be made within 3 years of this date.
How we could help you
By working with we do any claim, you can ensure you receive maximum compensation for your housing disrepair. Our expertise can help build you a strong case, take care of legal proceedings and get you the support you deserve.
If you want to remove the hassle of making a claim, or just need to see if you are eligible for a claim then get in touch today to learn more about how we can help.
Why Choose Us?
No-Win-No-Fee
Get in touch with the assurance that you’ll never face financial risk when claiming with us. We handle all legal expenses, never request fees in advance, and we only receive payment if you do.
Advanced payments
We recognise how housing disrepair and structural damage can impact your personal life. Where possible, we endeavour to secure an early compensation (interim) payment.
We handle your case
Our team includes claim specialists for each kind of housing disrepair claim, ensuring you receive the finest assistance available. We pride ourselves on successfully securing compensation for our clients.
All types of housing claims we can handle :
What does a No Win No Fee agreement mean?
A No Win No Fee agreement, also known as a contingency fee agreement, means that you will not be required to pay any legal fees if your claim is unsuccessful. This type of agreement provides a form of financial protection for the claimant, as they will not incur any financial loss in the event that their claim does not succeed. Therefore, such agreements offer a risk-free way of pursuing a claim for compensation. If the claim is successful, the legal fees will usually be deducted from the compensation received.
How is compensation calculated for structural defects claims?
The calculation of compensation for structural defects claims takes into account several factors. First and foremost, the severity of the structural defects is considered. This is followed by the number of rooms affected by the defects, and the extent of damage to your personal property. However, it is important to note that all claims are unique, and as such, a precise figure can not be provided before the claim process begins. Also, if the structural issues in the house have been around for a long time and have negatively impacted the safety or health of your family, you may be eligible for compensation.
Moreover, if a team of solicitors has assessed how the structural defects have influenced your living situation and has deemed you eligible for a claim, the claim process will usually be carried out on a no-win-no-fee basis. This means that should the claim be unsuccessful, you will not incur any financial loss.
What documents are needed for disrepair claim
In order to lodge a disrepair claim, certain documents are required. These include proof that you are renting your property from the council or a housing association, that your rent payments are up-to-date, and that your landlord is responsible for the disrepair. You must also provide evidence that you have reported the disrepair issue to your landlord and that they have failed to address the issue within a reasonable timeframe.
Additionally, in order to fully process your structural defects disrepair claim, more detailed information about your case will be required. This may include documents and correspondence related to your report of the disrepair to your landlord, their response or lack thereof, and any steps you have taken to address the issue.
In some cases, photographs or other forms of evidence to support your claim may also be requested. Solicitors handling your claim will be able to provide specific guidance on the exact documents and evidence needed for your particular situation.
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