Housing Disrepair Claims banner

Services

Housing Disrepair Claims Solicitors in London

Are you a tenant who has recently moved into a property that is not up to standard? Or have you reported repair issues to your landlord but had no response or no action to remedy the disrepair? Then you may have a valid housing disrepair claim.

At OTS Solicitors, our experts have the specialist knowledge and experience to provide tailored support and representation for all types of housing disrepair claims in London.

No matter where you or your property are located in the UK, we can advise you on landlord and tenant law and your rights, offering support over the phone and via videoconferencing software such as Zoom and Microsoft Teams.

For a detailed discussion regarding a housing disrepair claim or to book an appointment with a member of our team, please call us now on 0203 959 9123.

OTS Solicitors offer a dedicated disrepair litigation department, advising tenants on their rights and forms of redress including the following:

  • Reporting disrepair issues to landlords and agents
  • Housing disrepair claims to councils and other local authorities
  • The Pre-action Process for Disrepair (sometimes called the ‘housing disrepair protocol’)
  • Letters before action
  • Negotiation with landlords
  • Filing a disrepair claim with the County Court
  • Offers for rent reductions and compensation for housing disrepair
  • Negotiating early surrender

Speak to our housing disrepair solicitors today

We can discuss housing disrepair claims at our offices, over the phone or online via Web Conferencing such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our housing disrepair solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.

Our housing disrepair claims services

Our specialised department can represent you in the pre-action stages of disrepair claims including serving a letter before action, negotiation and settlements and submitting a claim under the Pre-Action Protocol for Housing Disrepair Cases.

We aim to avoid complex and lengthy litigation processes and approach each case with a view to negotiating suitable settlements and results for our clients in the shortest timeframe possible. We will always aim to secure the maximum housing disrepair claims compensation possible in a way that fits with your situation and concerns.

Fees for disrepair services

To ensure our clients have a clear understanding of the hourly rates and fixed fees we quote per case, we have set out below the costs of our services. This includes a range of fees to accommodate work that spans both straightforward and highly complex cases involving complicated leaseholder agreements where it is not clear who is directly responsible for repairs.

Our consultation rates are £140 (+ VAT if applicable) for a 40-minute consultation and £210 (+ VAT if applicable) for a 60-minute consultation.

This meeting will take place in confidence between yourself and one of our qualified lawyers to establish the full details of your specific circumstances; taking down your full instruction; we will consider all the applicable legislation, policy and any case law that will need to be taken into account in to your case; we will finally have a detailed discussion to advise on your options and merits of success in your case.

This will involve the perusal of documentation including tenancy agreements, communications between parties, agency contracts and detailed chronologies including photographic or video evidence of disrepair.

A costs-benefit analysis and a full explanation of our duties towards you will be provided, with plenty of time for you to ask any further questions for clarification before the end of the consultation.

Following the initial consultation, the following fees may apply:

Pre-action Process under the Protocol

On average, costs range from £600 (plus VAT) depending on the fee-earners hourly rate and complexity of the case. All figures exclude VAT unless specifically stated.

The work will involve (but is not limited to):

  • Discussing your circumstances in detail and confirming what the realistic prospects are for making a claim and what other options may be available to you
  • Providing you with detailed advice about the law applicable to disrepair, timescales and whether the case has the required merits to bring a successful conclusion
  • Considering the supporting evidence you have provided, including correspondence indicating when the disrepair was brought to the attention of the landlord/agent, contracts and agreements and where necessary, helping you obtain further evidence (such as disclosure and invoices for previous repairs), including taking statements of any relevant witnesses
  • Preparing the detailed letter before action and submitting it on your behalf to the concerned parties, reviewing and advising on responses, negotiating and drafting offers and settlement agreements in addition to negotiating early surrenders. We will assess and advise you on your claim at each stage to enable the client to make an informed decision on how to proceed.
  • We will provide you with detailed advice and assessments about the outcome of each process and any further steps you need to take including any consequences for either party

Letter before action process

Under the disrepair protocol, a letter before action must be sent initially to warn the landlord of the potential housing disrepair claim unless the landlord addresses the issue. Tenants should note that they should first tell their landlord about the repair needed and give a reasonable amount of time for the problem to be fixed (depending on the nature of the repair). It is only if the landlord doesn’t fix the issue that a letter before action and potential claim is required.

Once a letter before action is sent then under the terms of the disrepair protocol, we will request that the landlord has 21 days to respond. If the housing disrepair isn’t resolved to an adequate standard, we can apply to the county court using the prescribed forms and advising you on all eventualities including the next steps to take if the landlord contests the responsibility of the repairs.

Disrepair court action process

Disrepair claims are dealt with in the county court under one of three potential routes. For most simple housing disrepair claims such as leaks, mould damage, electrical faults, the small claims court can deal with the application if damages are limited to £10,000 or less. If a housing disrepair claim includes an application for a repair work order the case will only be allocated to the small claims track if both the estimated damages are less than £1,000 and the estimated cost of the repair work is less than £1,000.

A repair work order is referred to as an order for specific performance or a mandatory injunction. The court can also make a declaration that you can sort out the repairs to the property yourself and deduct the cost from future rent.

Costs will start from an average of £800 (plus VAT) depending on the fee-earner’s hourly rate and complexity of the case. All figures exclude VAT unless specifically stated.

Our specialised department will identify the grounds for the claim by carefully considering the nature of the repairs and the time taken to address the issue(s).

The work will involve (but is not limited to):

  • Taking your instructions and reviewing documentation such as tenancy agreements, correspondence and evidence such as photographs, invoices and witness statements etc.
  • Serving the appropriate claim form. The first step in starting the court process of a disrepair claim application is to file a claim form in the county court
  • Issuing a disrepair claim including drafting and submitting the correct documentation and accompanying the background to your claim
  • Receiving any settlement payment for compensation and sending onto you
  • If the repairs are not addressed within a reasonable period or if your landlord refused to negotiate an early surrender, providing you with advice on next steps and likely costs
  • Matters usually take a minimum of 8 weeks from receipt of instructions from submission of the initial claim. We will always attempt to avoid complex litigation and negotiate a settlement between parties

Important: Your ability to recover your legal costs from the landlord is also affected by the value of your claim. In general if your claim is considered small (under £10,000) you can only recover limited fixed costs from the landlord.

These charges are reviewed annually and we will let you know if the rates increase.

All stated fees may be subject to VAT (Value Added Tax) where applicable and is usually charged at a rate of 20%. However, this may not apply for applicants applying from abroad depending on their individual visa/residency status. We will confirm whether VAT is payable when you instruct us and we can work out if VAT is properly chargeable.

Disbursements (not included in costs set out above):

 Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Some examples of disbursements include (but are not limited to) the following:

  • Any court fees for making the possession claim. You will pay this to the court directly as part of the disrepair claim process. The current court fee for this process is £355.
  • Where the court has refused or dismissed the claim, advice and assistance in relation to any further work on the matter
  • Barristers’ fees which vary depending on the complexity of matter, the seniority of the barrister and their time spent on matter. On average this may cost between £650 - £3000 excluding VAT, however these fees may be significantly higher depending on the level of complexity of the case.

If you need legal advice about starting disrepair proceedings in relation to a residential property, then the landlord and tenant team at OTS Solicitors can help you.

Call OTS Solicitors on 0203 959 9123 or complete our online enquiry form for an appointment by video conference or telephone.

Housing disrepair claims explained

What qualifies for housing disrepair?

What qualifies as housing disrepair is not always straightforward, so it is important to get expert advice. Some common disrepair issues that could qualify include:

  • Persistent damp
  • Mould
  • Electrical faults
  • Faulty or non-functional heating
  • Leaks e.g. from damaged or incorrectly installed pipework, sinks, toilets, showers and baths
  • Unsafe flooring and/or staircases
  • Damaged windows and doors leading to draughts, heat loss and security issues
  • Loose or damaged tiles, brickwork, plaster etc.
  • Insect or vermin infestations
  • Blocked sewers

How do you prove disrepair?

While some landlords will be quick to take action over disrepair issues, others unfortunately will not be. For this reason, it is sensible to have the right evidence to prove there is an issue before contacting your landlord.

Different types of evidence may be needed, but in the first instance photo and/or video evidence can be very useful. It may also be necessary to pay for a suitable professional to carry out an inspection, but ideally, this is something your landlord should arrange and pay for once you have notified them of the issue.

If your landlord is disputing that there is an issue, our team can advise you on the steps you can take to provide suitable proof.

How do housing disrepair claims work?

Exactly how a housing disrepair claim will play out will depend on the circumstances, but in general, the possible steps are:

  1. Contact your landlord and notify them of the issue, ideally with evidence such as photographs.
  2. If your landlord fails to take appropriate action, speak to a solicitor and they can assist with sending a letter before action, notifying your landlord that you intend to bring a disrepair claim if the issue is not resolved.
  3. Once a letter before action is sent, most claims can then be resolved with a landlord through negotiation carried out by your solicitor.
  4. If it is not possible to negotiate a settlement, then it may be necessary to take your claim to a county court. Your solicitor will assist with preparing your case and represent you at any hearings, giving you the best chance of a positive outcome.

We appreciate that clients are often concerned about what impact making dilapidations claims will have on their relationship with their landlord and their ability to stay in their home. Please be assured, our team treat these matters with great sensitivity and will work closely with you to make sure your case is approached in a way you feel comfortable with.

How much compensation would I receive from a housing disrepair claim?

The amount of compensation available for housing disrepair claims will depend on the situation but will usually be based on a percentage of the rent you have paid during the period in which the issue was affecting your tenancy.

You may also be able to claim for any losses you have incurred e.g. where damp has ruined your belongings or where you have spent your own money on trying to fix the issue or taking remedial action, such as buying and running a dehumidifier to deal with damp.

Our team will carefully discuss the amount of compensation you may be able to secure at the outset, so you have a realistic idea of what may be achievable.

As stated above, generally, if your claim is considered small (under £10,000) you can only recover limited fixed costs from the landlord.

How long does a housing disrepair claim take?

Unfortunately, there is no set timeframe for how long a housing disrepair claim will take. If a settlement can be negotiated, this can often be achieved relatively quickly, but if court proceedings are required, it can unfortunately take months or even longer to achieve a resolution.

Why choose OTS Solicitors for your housing disrepair claim?

OTS Solicitors is a modern, proactive law firm with an excellent track record for our clients. We have strong expertise in housing law, as well as industry-leading skills in many other areas our clients often need help with, such as immigration law and family law.

We promise our clients:

  • An initial telephone discussion to understand your issues and exactly what support you need
  • Honest, realistic advice about what we can offer and what you can hope to achieve
  • Fair, transparent pricing, so you know what you are likely to need to spend right from the start
  • Proactive communication, so you are never left wondering what is going on or having to chase our team
  • Respectful treatment at every stage of your case

Speak to our housing disrepair solicitors today

We can discuss housing disrepair claims at our offices, over the phone or online via Web Conferencing such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our housing disrepair solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.

Your Questions and our answers about Housing Disrepair Claims

Thank you for your enquiry.

You should always check with your local authority directly on the requirements for an HMO Licence. Based on the information provided, you may need to obtain one and there can be penalties for applying for this retrospectively. We would recommend that you get in touch for more information and visit our sponsorship licence pages. Please contact us on 02039599123 or click here 

Thank you for your enquiry.

You may have the elements of a claim for disrepair. It is ultimately the landlord’s responsibility to address these issues within a reasonable period and the period of time depends on the severity and urgency of the issue. An objective approach is usually applied to determine what constitutes ‘reasonable’. We can assist with all aspects of housing law and disrepair. Unless you come to a neogotiation, the contractual clauses will persevere and you should check the ‘notice’ section of the agreement. For more information, please contact us on 02039599123 or click here 

Thank you for your enquiry.

The claimant should have sent you a pre-action letter before action prior to proceeding straight to a claim. This is a part of the protocol for these disputes and would have given you the chance to respond and come to a settlement. I would suggest you get in touch to discuss this in further detail. For more information, please call 02039599123 or click here 

Thank you for your enquiry.

Unless there is a specific clause in your agreement that either party is protected against future claims, your landlord cannot force you to sign this document. You may wish to raise a dispute with the Tenancy Deposit Scheme first and if this unsuccessful, please get in touch for an initial meeting. For more information, please call 02039599123 or click here 

Thank you for your enquiry.

There are laws covering deposit protection and HMO requirements for tenancies and it appears that a number of these may have been breached by the landlord of the property. There are specific actions you may be able to take however we would need to have sight of the Tenancy Agreement and other documentation to determine the merits of any claim. For more information, please call 02039599123 or click here 

Thank you for your enquiry.

You may be able to issue possession proceedings depending on the validity and expiry date of the Section 21 Notice. We would need to assess the merits and have sight of your documentation and statements to determine which course of action to take. For more information, please call 02039599123 or click here 

Thank you for your enquiry.

You may wish to enter into negotiations with the agents or landlord to secure an early surrender and to minimise rent liability for the remainder of the contract. There are options available that you may be able to apply to strengthen your negotiating position and we suggest you contact the firm in order to discuss the merits. Please call 02039599123 or click here 

Thank you for your enquiry.

You may have the elements of a claim for disrepair. It is ultimately the landlord’s responsibility to address these with a reasonable period and the period of time depends on the severity and urgency of the issue. An objective approach is usually applied to determine what constitutes ‘reasonable’. We can assist with all aspects of housing law and disrepair. For more information, please contact us on 02039599123 or click here 

Thank you for your enquiry. If these disrepair issues have not been addressed since the time of reporting two years ago then you may have a valid claim under implied disrepair legislation. Repairs must be addressed within a ‘reasonable period’. For more information please call us on 02039 599123 or contact us here.

Thank you for your enquiry.

Your landlord should give you a minimum of 24 hours notice before turning up at your property and should always seek your permission first irrespective of what is contained in your tenancy agreement. Continuous breaches may amount to a form of harassment.

You can call us on 02039 599123 or contact us here.

Thank you for your enquiry.

This would depend on the circumstances of your tenancy agreement and whether you are a tenant or licensee. Usually notices need to be served on a prescribed form such as section 8 or section 21 for the to be valid notices.

For more information, you can call us on 02039 599123 or contact us here.

Thank you for your enquiry.

You may be in a position to challenge the rent increase and your landlord may then be required to submit a section 13 notice. You should however note that your landlord may take steps to evict you if you do not agree to the increase.

For more detailed information, you can call us on 02039 599123 or contact us here.

    Your question will be processed by us in accordance with our Legal Notice and Privacy and Cookies policy. By submitting a question, you consent to such processing and you warrant that all data provided by you is accurate. We reserve the right to display your question.

    The answer will be emailed to you.

    If you would like us to call you back with a more detailed answer.

    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.