Housing Disrepair Success Stories – Cracks To The Walls and Damp Issues
We are instructed to deal with a case involving housing disrepair, this included severe cracks to the walls and extensive damp issues. Our client dealt with issues of cracking in the internal and external walls. There were also further issues of mould and damp growth in certain areas of the property.
It is an implied term of the tenancy agreement, pursuant to Section 11 of the Landlord and Tenant Act 1985 that the landlord would keep in repair the structure and exterior of the dwelling house and the installations therein for the supply of gas, water electricity, sanitation and space heating.
The landlord also owes a further duty under section 9A and 10 of the 1985 Act it is an implied term of the tenancy that the Property remains fit for human habitation during the term of the tenancy.
Hodge Jones & Allen prepared a detailed Letter of Claim which was sent to the landlord. This outlined our client’s instructions regarding the disrepair and the notice given to the landlord. We subsequently prepared a letter of instruction to an independent surveyor to attend the property and prepare a report on their findings regarding the condition of the property.
On receipt of the surveyors report Hodge Jones & Allen prepared an updated letter of claim to reflect the findings of the report.
Negotiations with regards to settlement begun and Hodge Jones & Allen discussed with our client the possibility of a 12 month decant. A decant of this length was not suitable for our client due to her family situation.
An offer of £5,000 in damages was made by our client’s landlord. This offer was not in line with the expert surveyors report or previous negotiations. Hodge Jones & Allen then received no reply from the other party in this matter and therefore an application was made to the court for a default judgement. Further negotiations begun in order to try and settle the matter without court proceedings.
Our client’s landlord made an offer for £13,010 in damages, this offer was not accepted by our client and a further counter offer for £25,000 was put made which was not accepted by our client’s landlord. A final offer of £20,000 in damages was put forward by the other party which our client subsequently accepted. The other party was also ordered to complete all outstanding works addressed in the surveyor’s report within 6 months.
Farzana Chowdhury is a partner in our leading Housing Team (ranked tier 1 by Legal 500 and Chambers UK legal directories). Farzana’s own specialist housing skills and expertise are also recognised by the two leading legal directories. Farzana has earned a reputation for taking on more complex housing cases and gaining excellent results for her clients.
If you need help with housing disrepair, you can try our housing disrepair compensation calculator or talk to our housing law specialists today. Call us on 0330 822 3451 or request a call back.
