We’ve all come across ads that offer tenants facing disrepair in their home a fast and quick solution and the potential to receive thousands in compensation. Though certainly appealing, especially since disrepair cases can be stressful and rack up unforeseen costs, these offers are often too good to be true. In this article, we walk you through the different realistic ways you can fund your disrepair claim as a tenant.
Compensation for disrepair
It’s first necessary to understand that the compensation you may be entitled to for living with the disrepair (inconvenience/suffering/loss of amenities), is not always straightforward. There is much case law on the topic of compensation.
The amount of compensation you are entitled to is calculated based on a number of factors including, but not limited to:
- How long the disrepair has been ongoing – the shorter the time, the less the compensation.
- The gravity of the disrepair is
- Number of rooms affected by the disrepair
- The impact of the disrepair
How long will it take to get my disrepair fixed?
Please be aware that this type of case is not always quick. Your landlord may deny the claim which means that works will not be completed until a settlement has been reached. Settlement may be done through negotiation prior to issuing a court claim, or during a court claim if it is issued, or at trial.
It is absolutely necessary, though, that you include enforceable provisions to complete the repairs within a specific period of time when settling a claim. This is because otherwise your landlord may not comply with the terms of the settlement. And if there are no enforceable provision, then you will be unable to enforce against your landlord.
How to fund your disrepair claim
There are different types of funding that may be available for pursing a disrepair claim:
- You have to be financially eligible, which generally means being on a very low income. To check your eligibility, look at the government website.
- It will only be granted for serious cases of disrepair/housing conditions and there must be a serious risk to your health or safety in your home.
- Legal aid does not cover compensation. You would have to seek separate advice on this.
Conditional Fee Agreements (“CFA”)
CFAs are also known as “no win no fee” agreements. In this kind of arrangement, you generally do not pay anything to your lawyer if you lose. Due to the risk shouldered by the solicitor, most of these agreements include the payment of a success fee.
Though a success fee is typically set at 25%, not all solicitors charge the same success fee.
Agreeing a CFA can be complex, and you need to ensure you understand exactly what kind of arrangement you are agreeing to. Ensure you read the terms and conditions of the CFA carefully and if you are unsure about anything, discuss it with your solicitor.
Some home and car insurance products have legal expense insurance that may cover such a claim. You should ask your solicitor to confirm whether your insurance policy would cover your claim.
This would be very expensive and is generally not a viable option for most people.
Funding your disrepair claim can be an additional source of stress in an already tense and often time-sensitive situation. Understanding the available funding options can help you assess the best course of action. By speaking to a legal expert, you will get a better grasp of the strength of your claim, the value of compensation you may be entitled to, and likely legal costs. Here at 360 Law Services, we offer expert legal services at a clear and transparent price, so you always know how much you’re paying and why. Get in touch today to speak with one of legal team.
* Disclaimer: The information is for general information only. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied. *