Housing Disrepair Claims Solicitors in London

Housing disrepair claims are a common issue and they can be challenging to resolve. Whether you are a tenant or a landlord who needs help navigating this type of dispute, our housing disrepair claims solicitors in London can help you find a sensible solution quickly.

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.

Alternatively, you might be a landlord facing a housing disrepair claim that you think is invalid or where the tenant is asking for more than you think is reasonable. Such claims can be successfully defended with the right legal support.

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 landlords and tenants on their rights and forms of redress including the following:

• Reporting disrepair issues to landlords and agents
• Responding to a disrepair claim as a landlord
• Housing disrepair claims to councils and other local authorities
• The Pre-action Process for Disrepair (sometimes called the ‘housing disrepair protocol’)
• Letters before action
• Landlord-tenant negotiations
• 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 and responding to letters before action, negotiation and settlements, as well as making and defending claims 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.

For tenants, we always aim to secure the maximum housing disrepair claims compensation possible in a way that fits with your situation and concerns. For landlords, we will ensure any invalid disrepair claims are successfully disputed and, if there is any merit to a claim, that you pay no more than you reasonably need to.

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 for 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-earner’s 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/defending 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
• (For tenants) 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.
• (For landlords) Reviewing and responding to a letter before action, including negotiations and offering settlement agreements where appropriate.
• We will assess and advise you on your claim at each stage to enable you 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.

If we are acting for you as a tenant, then 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.

If we are acting for you as a landlord, we can review a letter before action, including the details of the alleged disrepair issues and the strength of any supporting evidence. We can then advise on your best course of action, including whether there is a realistic prospect of disputing the claim or where it may be more prudent to take action, such as carrying out repairs and/or offering a settlement.

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 and 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 the tenant can sort out the repairs to the property themselves 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 the complexity of the case. All figures exclude VAT unless specifically stated.

How we can help tenants with disrepair court action

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 this to you
• If the repairs are not addressed within a reasonable period or if your landlord refuses 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 are usually charged at a rate of 20%. However, this may not apply to 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.

How we can help landlords with disrepair court action

Our team will review the grounds for the claim, including the nature of the repairs, the time and cost to carry them out, and any other relevant factors.

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.
• Responding to the claim, including acknowledging service of the claim and whether you intend to accept or dispute the claim
• Making any appropriate offer of settlement to resolve the claim at an early stage
• Where a settlement cannot be agreed, providing you with advice on the next steps and likely costs

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 the 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 disrepair issues are straightforward and easy to prove one way or another, others are not. For this reason, it is sensible for tenants to have the right evidence to prove there is an issue before contacting your landlord. As a landlord, you should have an expert examination of the property once a disrepair issue has been raised so you have your own evidence of the state of the property and any issues.

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. Often a landlord will arrange and pay for a professional inspection once they have been notified of the issue.

If a disrepair issue is in dispute, our team can advise you on the steps you can take to provide suitable proof of whether there is an issue and, if so, how serious it is.

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. The tenant contacts the landlord and notifies them of the issue, ideally with evidence such as photographs.
2. If the tenant feels the landlord has failed to take appropriate action, they should speak to a solicitor who can assist with sending a letter before action notifying the landlord that the tenant intends 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 between the parties’ respective solicitors.
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 tenants 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.