Whether you live in a rented property or own one, you might have a right to file a housing disrepair claim. Listed below are common issues and causes, the steps you can take to file a claim, and the limitation period. Read on to learn more. If you have been forced out of your home because of poor conditions, you may be eligible to file a housing disrepair claim.
Common issues
Landlords are legally obligated to repair damage in their properties. They must keep the structure and exteriors in a decent state of repair. However, landlords are not obliged to fix damage without a tenant’s request. It is therefore crucial to notify the landlord of any disrepair issues as soon as possible. Alternatively, they should be informed via text message. Either way, a written notification will serve as proof of the notification.
Common causes
If your landlord has failed to carry out necessary repairs, you may have a claim for negligence. The landlord can be liable if the repairs were not carried out correctly or were unsafe. Similarly, if something in another property interferes with your use of your home, you may have a claim for private nuisance. Whether a landlord does not repair your pipe or neglects a common part of a building can lead to damage to your home.
Common ways to file a claim
There are two common ways to file a housing disrepair claims. First, if the condition is serious, it can be the result of negligence by the landlord. In this case, the landlord must have known about the problem and failed to remedy it within a reasonable time. If the condition was not noticed, the tenant must notify the landlord immediately. If the landlord fails to respond within this timeframe, he can file a housing disrepair claim.
Limitation period
There is a limited time frame in which you can bring a claim for housing disrepair. Generally, you have three years from the date of injury or damage to begin court proceedings. However, if you’re under the age of eighteen, this time frame can be extended by a litigation friend. A housing disrepair claim is more complex than a personal injury case, so it’s best to seek legal advice before you file a claim.
Cost of a claim
The cost of housing disrepair claims is rising, but how can you save money on them? One way is to settle your claim early. Usually, claims are settled before they reach court, as much as possible. Even if you do get to court, you can often save money on legal fees by settling before court proceedings are issued. There are various ways to save money on your housing disrepair claim, from seeking a settlement before you go to court to negotiating a deal early on.