Tenants are viable to establish a claim towards a landlord, local housing association or private housing association if there has been a refusal or a large passing of time for repairs to be fixed or injury susceptibilities addressed. A Pre-Action Protocol is in place for these particular claims with a Letter of Claim being sent to which a surveyor assesses the property and the quantity and scale of repairs within the property.

Housing Disputes can initially be dealt with through the County Court but issues can be raised and developed in the Magistrates Court. In addition to Housing Disputes, Personal Injury claims can develop if tenants have been physically injured as a consequence of subpar living conditions.

If the Claimant is awarded damages for the disrepair within their property then costs will be available for recovery on the final settling of the case. Smaller claims that amount to £1000 or less will take the small claims track, with the procedures expected to be more straightforward and clear cut. If the dispute continues past the pre actionary stage then the case can inevitably become more convoluted, incurring more costs as the settlement progresses.

We have many clients that specialise and instruct us on these types of cases. We have a proven track record in acting on these cases, from negotiations to final assessments.