HOUSING DISREPAIR CLAIMS

Are you a tenant with problems in your rented house? We can help. Begin your housing disrepair claim here.

If you are a tenant living in a rented property, your Landlord is required by law to ensure:

- That your home is free from damp and mould

- That your home is structurally sound 

- That your drains and gutters are functioning efficiently 

- That you have safe access to electricity, gas and water and that you have a safe and functioning heating system 

- That you have suitable sanitation facilities i.e. toilet, sinks etc.

- That your home is free from rodent or insect infestation

If your property requires repairs, and following you notifying them of the issues your landlord fails to carry out any necessary repairs within a reasonable amount of time, then this could be considered housing disrepair.

It is also essential that your landlord inspects your property thoroughly prior to it being rented to you, to ensure that it is fit for human habitation.

If your landlord fails to fulfil any of these responsibilities and the problems in your home have caused you inconvenience, caused you injury or made you ill, or damaged possessions or belongings, you could be eligible claim compensation.

At
Claimsmiths our highly skilled and experienced Housing Disrepair Team are here to help and will assist you claim against your landlord for them to carry out the necessary repairs.


DID YOU TAKE OUT A MORTGAGE OR LOAN BEFORE 2009?

Our team handle a range of these claims, including Undisclosed Commission, mis-sold financial products, negligent advice and financial miscalculations.

We are also working on a number of precedent actions in this area which, if successful, will change the landscape for all consumers going forward.

UNDISCLOSED COMMISSION CLAIMS

Sometimes known as claims for hidden commissions, these claims can be made when a broker has received a commission payment from the lender when referring your custom to them. Although brokers are allowed to receive commission payments, they must have told you that they were receiving this payment.

It is essential that your financial broker acted in your best interests and if your broker did receive a commission payment, they’ve likely breached their professional duties. If you believe that your broker has failed to make you aware of a commission payment, you may be able to make an undisclosed commission claim. 

Undisclosed commission claims can vary in value depending on the terms and conditions of the loan agreement that you entered into. We’ve seen that claims will likely range from £10,000 and in some instances over £200,000. 

Here at Claimsmiths, we have a specialised team who will work for you, to get you the best result possible. Just get in touch and we can begin investigating into your potential claim.

FAQ

What is a Conditional Fee / Damages Based Agreement (CFA/DBA)?

A CFA/DBA is a funding agreement commonly used for claims like yours. It is a 'no win, no fee' type of agreement, meaning if your claim is unsuccessful and you have complied with the agreement's terms, you will not be required to pay our fees.

How much will I have to pay if my claim is successful?

If your claim is successful, you will pay Claimsmiths a maximum of 25% plus VAT on any sums or benefits you receive. This is the fee for our services in handling your claim.

What if my claim is unsuccessful?

If your claim is unsuccessful, you will not be charged for the services provided by our firm. We operate on a 'no win, no fee' basis.

Can I get a loan to cover the costs of my claim?

Yes, to fund the progression of your claim and the associated disbursements, you can take out a loan with Sandfield Capital, which we will apply for on your behalf. This loan is non-recourse, meaning you won't be required to make any payments until the end of your claim. It will not impact your credit file, as Sandfield conducts a soft credit search visible only to you.

What expenses can the loan cover?

The loan can be used to fund various items such as expert reports, court fees, counsel's fees, and other necessary expenses related to your claim.

Are there any fees associated with the loan?

A: Yes, there are draw down fees charged at £95.00 per draw down. However, these fees are limited to a maximum of three fees per claim so the maximum draw down fee is £285.

Will I receive documentation explaining the loan before signing the agreement?

A: Yes, if you choose the loan funding method, Sandfield Capital will provide you with documentation that explains how the loan works. You will have an opportunity to review and understand the terms before signing the agreement.

Can I fund my claim through other methods?

Yes, there are alternative ways to fund your claim, such as payment on account, personal loan, or credit card. If you prefer an alternative method, please contact us to discuss your options.

How much will be deducted from my damages to cover fees?

The maximum amount deducted from your damages to cover our fees is 25% plus VAT. However, please note that there are additional costs associated with funding the matter, which may vary depending on how it is financed.

Can I pursue my claim without the assistance of solicitors?

Yes, it is possible for you to pursue your claim for compensation without the help of solicitors or a claims management company. You have the right to seek further advice and explore other providers of legal or claims management services.

What is After The Event (ATE) Insurance?

After the Event insurance provides insurance cover of up to £15,000 in respect of your liability to pay own disbursements and opponent’s costs which we have agreed to indemnify if you are unsuccessful in pursuing a personal legal action for damages.

What is insured?

Your legal obligation to pay opponents costs and own disbursements which we have agreed to indemnify up to the maximum limit of £15,000.

1. Own disbursements and opponent's costs
• arising out of an unsuccessful personal litigation claim brought in England & Wales;
• that you become liable to pay as a result of a failure to beat an offer made by your opponent, if we authorised rejection of the offer;
• that you become liable to pay as a result of discontinuing the litigation with our authority;
• that you become liable to pay as a result of an appeal brought by your opponent if you are successful in your claim;
• that you become liable to pay as a result of an appeal brought by you with case manager’s approval, if you are unsuccessful in your claim at first instance.


2. Counsels fees: up to the sum of £5,000 inclusive of VAT where Counsel is retained on a privately paying basis.

What is not insured?

The policy does not provide cover for:

• Own solicitor's costs: Cover is for own disbursements and opponent’s costs.
Cover is only provided where you are more likely than not to be successful in the litigation. This is where the likelihood of winning is 60% or more.
Cover is not provided for costs incurred as a result of your failure to follow advice from your solicitor.
• Failure to comply: Cover is not provided for costs incurred as a result of your or your solicitor’s failure to comply with pre-action protocols and court orders.
• Case manager’s approval: Cover is not provided for costs incurred as a result of actions taken by you or your solicitor without the approval of the case manager.

Are there any restrictions on cover?

Reimbursement and offset: We may offset all sums recovered from an opponent against any claim due in respect of own disbursements and the opponent’s costs.

Appeals: Cover is only provided for appeals with the approval of the cas

Where am I covered?

England and Wales

What are my obligations?

• You must keep to the terms and conditions of the policy.
• You must ask your solicitor to notify us if the prospects of success in your claim fall below 60%.
• You must make available to your solicitor, at your own expense, all information, documents and evidence which may be relevant to your solicitor’s appraisal and conduct of the litigation.
• You must act in a way to minimise your insured liability.

When and how do I pay?

The premium must be paid to us within fourteen days of the commencement date shown on your policy schedule. The premium is deemed paid and accepted on receipt by us.

When does the cover start and end?

Cover will start on the date stated on your schedule and end at the conclusion of the litigation.

How do I cancel the contract?

You have the right to cancel this policy and receive a full refund by notifying us within 14 days cooling off period provided no claims have been made or notified to us.

Will I have to pay for the ATE insurance premium if I win my claim?

Yes, if you win your claim, you will be responsible for paying the premium for the ATE insurance to the underwriter. However, we will seek payment of this premium from your opponent as part of your claim for costs.

What happens if I lose my claim?

If you lose your claim, both the "No Win, No Fee" agreement and the ATE insurance policy ensure that you do not have to pay any of the legal costs we incurred on your behalf or any of your opponent's costs.

Do I have legal expenses insurance policy coverage?

Please check whether you have a legal expenses insurance policy that is suitable for pursuing your claim. If you indicate that you have such coverage and wish to utilise it, we will contact your insurer and continue to correspond with them to obtain indemnity.

What if my legal expenses insurance policy provides adequate coverage?

If we are granted indemnity by your insurer and your policy provides sufficient insurance to run your claim and fund your disbursements, we will cancel the ATE policy, and you will not be required to pay the premium for it.

  • Address

    Floor 3
    31 Princess Street
    Manchester
    M2 4EW

  • Email

    info@claimsmiths.co.uk

  • Call Us

    0161 413 7379

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Claimsmiths is a trading name of Claimsmiths Law LLP. Founding Partner: Adam Morallee
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