01253 293 106 info@fyldelaw.co.uk
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Housing Law for Tenants

The Housing Law Department for Fylde Law is one of the best and most experienced in the region. 

We have a long and extensive experience of dealing with all sorts of housing matters for our clients. Whatever the situation you are facing – whether your landlord is a Housing Association, Local Authority or a private landlord we have the experience to help you.

Fylde Law has a Legal Aid Franchise for housing matters which means we can obtain Legal Aid for our clients if they qualify.  The criteria for qualification for Legal Aid is very tight and funding is limited. We are always happy to advise you whether Legal Aid is available for your case and whether you qualify.

Otherwise, there may be a number of other funding options available to our clients including fixed fees or ‘no win, no fee’ agreements.  Please call us on 01253 293 106, or contact us via the quick contact form on this page and we will be more than happy to provide you with advice without any initial charge.

Our specialist Housing Team is able to help in a number of areas including:

  • Unlawful Eviction
  • Harrassment from Landlord/Neighbours
  • Homelessness 
  • Possession Claims – Tenants
  • Deposit Claims
  • Mortgage Repossessions
  • Anti-Social Behaviour
  • Reviews and Appeals
  • Judicial Reviews of Housing Policies
  • Unfair Housing Contracts
  • Rights of Succession
  • Allocation and Transfer of Social Housing
  • Squatters Rights/Adverse Possession
  • Service Disputes

 

Frequently Asked Questions

Q.What is housing disrepair and do the problems that I have in my home meet the criteria for disrepair?

A.The landlord has certain repairing obligations under the terms of both the Tenancy Agreement and Section 11 of the Landlord and Tenant Act 1985. A landlord has obligations to keep in repair the structure and exterior of the property you live in, this would include windows, exterior doors, drains, gutters etc and the landlord also has an obligation to keep in repair and working order the installations in the property for the supply of water, gas, electricity, sanitation, heating etc.  If you have notified the landlord and the landlord has not carried out these necessary repairs the property is in housing disrepair.

The problems you have in your home may meet the criteria for disrepair, the problems you are experiencing would need to be discussed with an advisor.

Q.Am I entitled to compensation for the disrepair to my house and if so, how much?

A.Once you have notified the landlord of the repairs which are required which fall into the category of ‘housing disrepair’ the landlord has a reasonable period of time to carry out the necessary work.  If the landlord does not carry out the necessary work within a reasonable period of time you are likely to be entitled to some compensation. The amount of compensation you will be entitled to will be based upon the amount of disrepair in the property and the period of time you have had to live in the property with disrepair, the amount of compensation you may be entitled to will need to be discussed with an advisor.

Q.Do I need to notify my landlord about the problems with my house?

A.Yes, the landlord should be notified about the problems in the house preferably in writing, you should write the letter to the landlord and keep a copy.

Q.What happens if my landlord ignores the request to carry out repairs?

A.The landlord has a legal obligation to carry out certain repairs in the property which are housing disrepair.  Court action can be taken against the landlord in some circumstances, in other circumstances it may be more appropriate to contact the Local Authority who have the power to inspect the property and ask the landlord to carry out certain works. Which is the most appropriate option for you should be discussed with an advisor.

Q.I am about to be, or I have been evicted from my home.  Was my landlord legally able to do this?

A.This will depend upon what procedure your landlord has followed. All tenants have certain legal rights, if a landlord wishes to obtain possession of the property the landlord has to follow a procedure and firstly serve a Notice upon the tenant thereafter if the tenant does not move the landlord must apply to the Court for a Court Order. If your landlord has obtained a Court Order and thereafter a Bailiff Warrant it is likely the landlord has followed the correct procedure, however, in certain cases there are grounds to challenge the procedure the landlord has followed as many Notices served by private landlords do not comply with the law and are incorrect. You should talk to an advisor.

Q.My landlord has evicted me from my home without a Court Order.  Can I claim compensation?

A.If your landlord has evicted you from your home without following proper procedures it is likely you have been ‘unlawfully’ evicted and if this is the case you would have a claim for compensation.

Q.How much compensation can I claim if I believe I have been unlawfully evicted from my home by my landlord?

A.How much compensation you can claim will depend upon how you have been unlawfully evicted, where you have been living since the unlawful eviction and how long it has taken you to find alternative accommodation.  You should speak to an advisor who will be able to explain how compensation is calculated and what you may be entitled to.

Q.Can I claim compensation if my health and the health of my children and family have suffered as a result of the conditions I am living in?

A.If the property you have been living in has suffered with housing disrepair and as of a result of this the health of your family has suffered you may be able to claim compensation for personal injury. Medical records and medical reports would be required and whether you have a claim and the value of such a claim should be discussed with an advisor.

Q.I am homeless, or about to become homeless.  In what way Fylde Law can help me?

A.Fylde Law will be able to advise you whether the Local Authority have a duty towards you to provide you with accommodation and will be able to advise you about homeless applications.  If the Local Authority has made a decision that they have no duty towards you and you believe this decision is incorrect Fylde Law can advise you in respect of reviews and appeals and in certain cases Judicial Review proceedings in the High Court, this is a complicated area of law and you will need to speak to an advisor.

Q.I am being harassed and threatened by my landlord/neighbours.  How can Fylde Law help me?

A.Fylde Law can advise you in respect of harassment and can send letters where appropriate. Fylde Law can advise you how to bring legal action against landlords/neighbours to stop the harassment should this become necessary.

Q.I paid a deposit to my landlord at the start of the tenancy and the landlord has refused to return this to me, what can I do?

A.If a deposit is paid to a private landlord by a tenant under an Assured/Assured Shorthold Tenancy the landlord has a legal obligation to protect the deposit within an ‘authorised government scheme’. If the landlord has not protected the deposit you may have a defence to a Claim for Possession of the Property and in addition you may be able to bring a claim against the landlord for compensation.  The Court can award compensation up to three times the amount of the deposit in certain circumstances.  You should speak to an advisor.


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