Housing Disrepair: Client Story – water egress
Our client
Bond Turner’s Housing Disrepair Team supported two clients (Mrs X and Mr X) who were joint tenants of a three-bedroom property in St. Albans. Mrs X suffered from a complex disability, whilst Mr X had mobility issues and required the use of an adapted wet room whist he awaited surgery. Our clients resided with their six children; a number of whom have autism and ADHD and required close care.
Our clients’ property had been subject to extensive damage as a result of water egress from the wet room; a specially adapted room to facilitate the safe and hygienic bathing of our clients. The claimants’ case was that, not only did the disrepair constitute a breach of s.11 of the Landlord and Tenant Act 1985, it also constituted a breach under s.9A and s.10 of the Landlord and Tenant Act 1985, in conjunction with s.2 of the Housing Act 2004.
As a result of the disrepair, Mrs X was unable to reside in the property due to her disability rendering the property unfit for her on the advice of her medical professionals. This resulted in Mrs X having to let a separate property apart from her children and partner. Mrs X had not lived with her children since the Covid-19 pandemic, leaving Mr X with the majority of the childcare duties.
Our clients instructed Bond Turner to assist in having the disrepair resolved, and for compensation for the loss of the quiet enjoyment of their property. In addition, they sought recovery of £1,562.78 in service charge overpayments which were taken surreptitiously as part of their rent payments, despite them not having any liability to pay.
How Bond Turner helped
Bond Turner were instructed in April 2022. After obtaining expert evidence and liaising with our clients’ landlord, the repairs commenced in November 2022. In good faith that the repairs would be done to the highest of standards, the claimants did not issue proceedings for injunctive relief, and decanted whilst the repairs were undertaken. Unfortunately, the repairs were unsatisfactory, and the disrepair promptly returned.
The claimants obtained further expert evidence following the defective repairs by the landlord and issued proceedings. The claimants were consistent in their use of ‘non-court-based dispute resolution’, as Voss MR referred to it in Churchill, however, an adequate resolution was not forthcoming and the injunctive relief for specific performance was necessary. As such, the claimants issued proceedings.
The defendant swiftly accepted the evidence of our clients’ expert and agreed to undertake repairs as per his schedule.
Bond Turner were able to secure an agreement for our clients’ landlord to complete the repairs as per the claimants’ expert within 120 days. The landlord also agreed to set off any rent arrears against their liabilities for service charge payments, in addition to paying £17,375.28 for damages, and full payment of their legal costs.
How Bond Turner could help you
When making a claim against a landlord, it is important to remember that the primary role of our Housing Disrepair Team is to ensure that the home you live in is repaired as soon as possible. Your health and wellbeing are our main concern.
To make an appointment with our legal team about a housing disrepair claim, please call 0151 236 3737 or email info@bondturner.com.
