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Annex C Schedule of Disrepair Annex D Special Damages Form Back to top  ANNEX A - LETTER OF CLAIM (a) Letter from tenant’s solicitor to landlord Dear Sirs, RE: (TENANT’S NAME AND ADDRESS OF PROPERTY) We are instructed by your above-named tenant. (Where the tenant has legal aid or is a party to a conditional fee agreement entered into before 1 April 2013 insert a sentence stating how their case is being funded.) We are using the Pre-Action Protocol for Housing Conditions Claims - England. Alternatively for a more personalised estimation of how much mould compensation you could claim, call Legal Expert today to speak to one of our friendly advisors who will be happy to help you claim. 2  The landlord should normally reply to the Letter of Claim within 20 working days of receipt. Claim We take the view that you are in breach of your obligations in respect of housing conditions. Mould and damp can also have a very negative affect on the immune system. low harrogate No Win No Fee Solicitors *Council & Housing Association Tenants Only* In Price v Egbert Taylor & Co. (2016), the Claimant’s letter of claim stated that there was a pre 1st April 2013 CFA in place.

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low harrogate No Win No Fee Solicitors - 9(1); and (b) has a reasonable prospect of success at the hearing. (4) If a judgment is set aside – (a) the court must fix a new hearing for the claim; and (b) the hearing may take place immediately after the hearing of the application to set the judgment aside and may be dealt with by the judge who set aside the judgment. (5) A party may not apply to set aside a judgment under this rule if the court dealt with the claim without a hearing under rule 27. Once the disrepair which caused the damp and mould has been repaired, the mould and damp has to be treated. In a situation like this, you may be able to file for a housing disrepair claim. The defects at the property are causing (set out the effects of the defects on the client and their family, including any personal injury element. Before using the Protocol, tenants should ensure that their landlord is aware of those conditions. These are to reimburse you for any out of pocket expenses you experienced as a result of your illness and any income you lost as well.

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I enclose a copy of the Protocol for your information. * Housing Conditions The following defects exist at the property (set out nature of defects). This is because a term implied into your tenancy agreement says that the landlord must keep in repair the exterior and structure of your home as well as installations like basins, sinks, baths, toilets and their pipework. The Council does have powers to deal with disrepair but there is a procedure that must be followed and limits on what we can make landlords do.   Write to your landlord The Council cannot get involved in cases of disrepair unless you have given the landlord an opportunity to sort out the problem. We’ll keep things clear and simple so that you don’t have to deal with any extra stress. Back to top  Costs 11 If the tenant's claim is settled without litigation on terms which justify bringing it, the landlord will pay the tenant's reasonable costs. Without the evidence to back up these claims it is almost impossible for a case to be successfully defended. How Legal Expert Can Help With Claims Against Your Landlord? Your landlord should have paid for these repairs; if you paid for them yourself, the Legal Expert could help you to claim the cost back from your landlord. Once the disrepair which caused the damp and mould has been repaired, the mould and damp has to be treated.

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Our client also requires compensation for special damages, and we attach a schedule of the special damages claimed.* Yours faithfully, * Delete as appropriate (b) Letter from tenant (without a solicitor) to the landlord Dear Sirs, RE: (YOUR NAME AND ADDRESS OF PROPERTY) I write regarding housing conditions at the above address. They’ll take an initial description (often without really understanding the technical issues of disrepair law, or maybe without checking on things like arrears levels, or existing possession proceedings/suspended possession orders and so on, which would entitle people to legal aid). Mold in a rented flat or house can be caused by excessive moisture. 2  Options for resolving a dispute include the following— (a) mediation: information about mediation can be found at (b) for council tenants— *The council’s own complaints and/or arbitration procedures. *The Right to Repair Scheme. If you intend to carry out works at this stage, please set out a full schedule of intended works including anticipated start and completion dates and a timetable for the works. 1 The aims of this Protocol are to— (a) avoid unnecessary litigation; (b) promote the speedy and appropriate carrying out of any remedial works which are the landlord’s responsibility; (c) ensure that tenants receive any compensation to which they are entitled as speedily as possible; (d) promote good pre-litigation practice, including the early exchange of information; (e) give guidance about the instruction of experts; and (f) keep the costs of resolving disputes down. This means that without a success fee, claimant solicitors will be operating at a loss on CFAs overall. Our specialist panel of solicitors are experts in their field of housing disrepair claims and will offer you a fast and friendly service and a no-nonsense approach to your claim. If the landlord wishes their own expert to attend a joint inspection, they should inform both the tenant's expert and the tenant's solicitor. (b) Should a case come before the court, it will be for the court to decide whether the parties have acted reasonably in instructing separate experts and whether the costs of more than one expert should be recoverable.

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If we bring it without charge, it shows mercy and religiosity. If you don't qualify for legal aid, you should check any insurance policies or credit card agreements you have as these may include legal expenses insurance. The landlord should give you reasonable notice (usually at least 24 hours), except in an emergency. Why Make Your Claim With Accident Claims UK Accident Claims UK has over 30-years of experience in claiming compensation for our clients, across a very wide range of claims cases, including housing disrepair. To make it habitable may mean that the property’s character will have been changed so much that it’ll not bear any relation to the type of accommodation that was originally there. We enclose a copy of the Protocol for your information.* Please carry out an inspection of the above property by (date)** and provide a report covering the following points: (a) whether you agree that the defects are as claimed; (b) whether any of the defects is structural; (c) the cause of the defect(s); (d) the age, character and prospective life of the property; (e) a schedule of works; and (f) an estimate of the costs of those works. Parties should be aware that the court will take into account the extent of the parties’ compliance with this Protocol when making orders about who should pay costs. We will quantify your claim, obtaining medical evidence to support your case and your family members (if appropriate). At that point, if not before, the tenant claimant is referred to what is often described as ‘one of our panel of solicitors’ (There rarely is actually a panel.

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If your landlord doesn't do the repair work specified in the order or injunction, they can be fined or imprisoned. If the landlord wishes their own expert to attend a joint inspection, they should inform both the tenant's expert and the tenant's solicitor. (b) Should a case come before the court, it will be for the court to decide whether the parties have acted reasonably in instructing separate experts and whether the costs of more than one expert should be recoverable. The occupiers may have to evacuate the property and be supplied with alternative accommodation whilst this takes place. 4 Documents relating to rent arrears or other tenancy issues will not normally be relevant. 3  This Protocol does not cover housing conditions claims which originate as counterclaims or set-offs in other proceedings i.e. where the tenant is seeking to have the compensation due for adverse housing conditions set against money claimed by the landlord (typically in a possession claim for rent arrears). Claim We take the view that you are in breach of your obligations in respect of housing conditions. It should be noted that if a tenant is failing to co-operate so access cannot be gained to complete the works, this may count in your favour in some cases and good records of attempts to access should be kept.  However, in cases of more serious disrepair, a landlord may need to proactively pursue access with the assistance of a court injunction if necessary. If you are entitled to compensation for an illness caused by mould or damp we will estimate how much you can claim and provide you with an excellent damp claim lawyer who will proceed with your case right away. Insert details as to cost and payment Yours sincerely, * Delete as appropriate ** The date to be inserted should be 20 working days from the date of the letter (b) Letter from tenant (without a solicitor) to expert Dear RE: (YOUR NAME AND ADDRESS OF PROPERTY) I am currently in dispute with my landlord about housing conditions at the above property.

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