Housing Disrepair Claims – Your Rights as a Tenant

        No Win No Fee

Sue The Council or Housing Association For Property Disrepair

Your landlord needs to follow strict legal requirements. If they fail to do so you can get help for repairs and claim thousands in compensation on a No Win No Fee basis.

Get Compensation For Your House Disrepair.
No Win No Fee!

This includes issues like:-

  • Structural defects, such as damaged roof and guttering, and cracked walls.

  • Water leaks, as well as damp and moulds on ceilings, walls, and flooring.

  • Fittings damages such as broken floor tiles, and rotting doors.

  • Faulty heating system and bad electrical wirings.

  • Vermin infestations with rats, mice, cockroaches, and other pests.

Introduction

The Protocol applies to residential property situated in England. It relates to claims by tenants and others in respect of poor housing conditions. Before using the Protocol, tenants should ensure that their landlord is aware of those conditions. The Protocol is intended for those cases where, despite the landlord’s knowledge of the poor conditions, matters remain unresolved.

The Protocol describes the conduct that the court will normally expect prospective parties in a housing conditions claim to engage in, prior to the start of proceedings. It is intended to encourage the exchange of information between parties at an early stage and to provide a clear framework within which parties in a housing conditions claim can attempt to achieve an early and appropriate resolution of the issues.

If a claim proceeds to litigation, the court will expect all parties to have complied with the Protocol as far as possible. The court has power to order parties who have unreasonably failed to comply with the Protocol to pay costs or to be subject to other sanctions.

THE SCOPE OF THE PROTOCOL

3.1 A housing conditions claim is a civil claim arising from the condition of residential premises and may include a related personal injury claim (see 3.5 below). Although most claims are brought by a tenant against their landlord, this Protocol is not limited to such claims. It covers claims by any person with a housing conditions claim including tenants, lessees and members of the tenant’s family. The use of the word “tenant” in this Protocol is intended to cover all such people.

3.2 The types of claim which this Protocol is intended to cover include those brought under sections 9A and/or 11 of the Landlord and Tenant Act 1985, section 4 of the Defective Premises Act 1972, common law nuisance and negligence, and those brought under the express or implied terms of a tenancy agreement or lease. It does not cover claims brought under section 82 of the Environmental Protection Act 1990 (which are heard in the Magistrates’ Court).

3.3  This Protocol does not cover housing conditions claims which originate as counterclaims or set-offs in other proceedings i.e. where the tenant is seeking to have the compensation due for adverse housing conditions set against money claimed by the landlord (typically in a possession claim for rent arrears). In such cases, the landlord and tenant will still be expected to act reasonably in exchanging information and trying to settle the case at an early stage.

3.4 The Protocol should be followed in all cases, whatever the value of the damages claim.

3.5 Housing conditions claims may contain a personal injury element. If the personal injury claim requires expert evidence other than a General Practitioner’s letter, the Personal Injury Pre-Action Protocol should be followed for that element of the housing conditions claim. If the personal injury claim is of a minor nature, and will only be evidenced by a General Practitioner’s letter, it is not necessary to follow the Personal Injury Pre-Action Protocol. If the situation is urgent, it would be reasonable to pursue separate housing conditions and personal injury claims, which could then be case managed together or consolidated at a later date.

Other Types of Claims

We deal with a wide range claims including Tenancy Deposit Claims,  Road Traffic Accident Claims, Accidents at Work, Accidents in Shops / Shopping Centres or the Street, Trip or Slip accidents, Claims involving Animals, Beauty / Cosmetic Treatments Claims, Children’s Claims and Faulty Products.

How we can help with your claim

Our Claims department is headed by Solicitors Michelle Niaz & Stephanie Lee.

Michelle and Stephanie both at our Clitheroe office, represent clients based in all areas of the country. Michelle qualified as a Solicitor in 2015 in all she has over 20 years experience handling all types of claims from PPI, Plevin Claims, Miscalculated Interest Claims, Housing Disrepair (HDR), Road Traffic Accidents , Work Accidents and Public Liability Claims, Cavity Wall Claims, Solar Panel Claims to list a few.

Michelle is also the Managing Partner and heads the team based at the Clitheroe Office acting for both individuals and corporate clients. She is part of a team of claims specialists who handle a wide range of claims from those of relatively modest value up to multi track litigation.

Michelle and her team look to provide the best client service and ensure there is access to justice for all. They seek to obtain the best possible result in all their cases and maintain a high level of client satisfaction.

Stephanie qualified as a Solicitor in January 2000 and is also Accredited by the Association of Personal Injury Lawyers (APIL) as a Senior Litigator with over 22 years experience.  The Association of Personal Injury Lawyers (APIL) is a not for profit organisation representing the interests of injured people.  Stephanie is the only Senior (APIL) Accredited Solicitor in Clitheroe.

As the claim progresses, we keep you up to date by telephone or email.  Stephanie has been successfully representing clients for 22 years.  We work on a no win no fee basis. This means no upfront payment is required from you to make a claim. We are happy to explain this in more detail.

We are a friendly firm of solicitors offering a very personal service.

Please contact Michell Niaz or Stephanie Lee on 01200  428 102 or use any of the contact detail found here.

About Lewis Mitchell Solicitors

At Lewis Mitchell Solicitors we assess the claim and identify whether the client has a legitimate and winnable case to present.

If so, then we will do everything we can to bring about a successful outcome – one that properly compensates the client for whatever  financial losses that he or she has sustained.

We are happy to act on a No Win-No Fee basis for cases we take on.

Other Types of Claims Handled by the Firm

These are some of the accident cases we deal with:

  • Accidents at Work
  • SIPPS Mis-selling Claims
  • Plevin Claims
  • Tenancy Deposit Compensation Claims
  • Road Traffic Accidents
  • Trips, slips and Falls in Commercial or Public Spaces
  • Whiplash Injury Claims
  • Faulty Products
  • Children’s Accidents
  • Other Personal Injury Claims
  • Solar Panel Claims Solicitors
  • Serious Injury Claims

Personal Injury Claim Criteria

In order to be entitled to make a legitimate personal injury claim, the following criteria should apply:

  • You suffered the injury or illness through no fault of your own, and:
    The incident was caused by an individual or organisation that failed to take reasonable care for your safety, and:
  • The incident took place within the last three years, and:
  • The injury or illness caused you pain or distress, or:
  • It caused you to entail a financial loss (e.g. through being unable to work) or:
  • It caused you to entail exceptional expenses (e.g.  the costs of medical care, adaptations or equipment required during your recovery) or:
  • It caused your quality of life to suffer (e.g. it resulted in a disability of some kind)
  • Injuries may be physical or psychological and may have temporary or permanent effects.

How Lewis Mitchell Can Help You

As responsible legal professionals, we will help you to present any legitimate personal injury claim and to achieve all the compensation to which you should be entitled.

We have an excellent track record in this field and we are extremely proficient at giving the courts a clear and accurate impression of the losses you have suffered in order that they can make a fair and appropriate award. When these awards reflect serious injury or accidents that will have a lasting effect on one’s lifestyle and independence, they can be very significant and can make a lasting difference to the quality of our clients’ lives.  We therefore take our responsibilities very seriously and do our utmost to achieve the best possible outcome for you.

Solicitors in Lancashire

Contact Us

Clitheroe:
 01200 428 102

Longridge:
 01772 802 011

  Email us