Housing Disrepair Success Stories – Damp, Mould & Mice Infestation
The Housing Team at Hodge Jones & Allen have been defending the rights of tenants since 1977 and we understand how your life can be turned upside down when a landlord refuses to carry out repairs to your home.
With this blog series, each week we plan to share the details of another successful settlement to show tenants that help to is available to get results and gain compensation.
This week’ Housing Disrepair case is as follows:
We were instructed to deal with housing disrepair case, where there were various types of disrepair within the property including damp and mould growth. When Ms F came to Hodge Jones & Allen the disrepair had already been ongoing for four years. The property also had a mice infestation.
It is an implied term of the tenancy agreement, pursuant to Section 11 of the Landlord and Tenant Act 1985 that a landlord is to keep in repair the structure and exterior of the dwelling house and installations therein for the supply of gas, water, electricity, sanitation and space heating. A landlord also owes a duty of care to the tenant, by virtue of Section 4 of the Defective Premises Act 1972, to ensure the property is reasonably safe from personal injury or from damage to their property. Further, The Homes (Fitness for Human Habitation) Act 2018 established a duty on landlord that tenanted property and common parts associated will be fit for human habitation.
Our Housing Team prepared a detailed updated Letter of Claim, which was sent to the landlord. The client has been previously represented by another firm therefore there was already a surveyor report on the property, on which the landlord was supposed to act on.
The landlord failed to provide a substantive response to the updated Letter of Claim. Our Housing Team issued proceedings against Ms F’s landlord for damages, interest, an order for specific performance and costs.
Ms F’s landlord did not agree to the works that were outstanding at the property so Our Housing Team instructed a joint surveyor to attend the property and provide a report on the outstanding works.
Once the surveyor report was completed and sent to Ms F’s landlord they agreed to complete the outstanding works.
Negotiations were subsequently entered into and the claim was settled. The parties agreed upon terms of settlement including the landlord completing all works in accordance with the joint surveyor’s report, the landlord pays Ms F’s legal costs and payment of damages would be offset against any arrears and/or debts of Ms F.