What will happen when I instruct CJS Solicitors to handle my claim?
We will write to your landlord with a Letter of Claim, in which we will request copies of all documents relevant to the disrepair. We will then arrange for our surveyor to inspect the disrepair in your home. Once we have the report from the surveyor we will negotiate with your landlord with regards to both a timetable for carrying out the repairs and for any compensation to which you are entitled.
How can I prove that my landlord has knowledge of the disrepair?
You may have sent your landlord e-mails or text messages to report the disrepair; or you may have complained by phone. We will ask you to send us proof of any complaints you have made. Don’t worry too much if you don’t have any evidence of your complaints, as we should be able to obtain copies of your housing file from your landlord to see if any complaints have been recorded.
How long does my landlord have to carry out repairs?
Under section 11 of the Landlord and Tenant Act 1985 your landlord must carry out repairs within ‘reasonable time’ of being notified. Of course some repairs will be more urgent than others. So if, for example, you are without heating in the winter months your landlord will be obliged to deal with this almost immediately.
Are then any time limits that I should be aware of in bringing my claim?
You need to bring your housing disrepair claim within 6 years of the date the disrepair was first reported to your landlord. If you have suffered a personal injury as a result of the disrepair you must issue court proceedings within 3 years from the cause of your personal injury (or 3 years from the date that you first became aware of your personal injury).
Will CJS Solicitors charge me?
No. If we decide that you have a housing disrepair claim we will act for you under a Conditional Fee Agreement, commonly known as a “no win – no fee” agreement. This means that if you lose your case you will not have to pay anything (it may be that we advise you to take out an insurance policy to protect you from having to pay any legal costs and expenses in the event that you lose your case). If we win your case you will need to pay the insurance premium (if you decide to take out a policy) and pay us a “success fee” from the compensation you receive, but the amount of the success fee will never be more that 25% of the compensation you receive.
Do CJS Solicitors act for private sector tenants?
No. If you are a private sector tenant please contact the Housing Ombudsman or the Citizens Advice Bureau for further advice.
Can I be evicted for making a housing disrepair claim?
No. Your council or housing association cannot evict you for making a housing disrepair claim. And our team at CJS Solicitors will never antagonise your landlord. Our job is to ensure that your house or flat is in put into good repair, and to make sure that you receive the compensation to which you are entitled – no more and no less.