When we normally think about making a Housing Disrepair Claim, we are naturally thinking about what has happened to our own properties. However, in some cases, we may be thinking about any neighbouring properties that could be having an impact on our homes. This can be a complicated issue. After all, you don’t want to cause any conflict between you, your landlord and your neighbours. But in some cases, it may be necessary to get in contact to make sure your council home or property from the housing association remains standing or in one piece.
Winter is coming, so if your neighbouring property is causing disrepairs in your own home, you need to alert your landlord and your neighbours as quickly as possible. Your house needs to comply with UK health and safety standards. Therefore, if it does pose a problem due to your neighbours and their residence, your landlord will need to get it sorted.
Here at Gowing Law, we understand that it can be frustrating to suffer from a housing disrepair due to your neighbouring properties. You may feel out of control or like no one is listening to your concerns. But our legal team will. Our Housing Disrepair Claim specialists are here to help. You can contact them now by calling 0800 041 8350 or visit our website below to get started:
The Basics of Housing Disrepair Claims: What do I need to know?
Before we jump into how neighbouring properties could be damaging in your home, let’s talk about the basics of housing disrepair claims. If you are thinking of making one yourself, it’s crucial that you understand what you are getting yourself into. Your solicitor will handle the paperwork and difficult details of your case. But it’s important that you understand whether or not you’re eligible for compensation.
Now, the first thing you need to know about housing disrepair claims is that they are there to protect you when your house has started to experience problems, disrepairs or general damages. In order to make a successful claim, you need to prove that the disrepairs were not your fault. Instead, your landlord, or even neighbours, were liable for any damages that you have experienced. You did not cause the damages, but you were still forced to experience the after-effects of the issues at hand. That means you could be owed compensation, as well as the repairs sorted in your accommodation.
With that said, your landlord is responsible for the majority of your council house or property from the housing association. This includes the following inside and outside of your house:
Landlord Negligence
As you can see, your landlord is responsible for a wide range of problems that could occur inside your house. Now, a lot of properties that are council homes or properties from the housing district are quite old and may naturally be in need of repair. In most cases, your landlord will focus on getting the disrepairs sorted out. You will contact them about your damages, in both writing and through electronic correspondence, and they will need notice to go to your house and check over your damages. They will then decide whether or not they need to hire a repair-worker to get the damages sorted out. If they fail to act, or leave you with a disrepair, then this could be seen as an act of negligence. This is when you need to get started on your Housing Disrepair Claim.
Take a look at the infographic below to understand how landlord negligence occurs:
Neighbouring Properties: Can I make a housing disrepair claim against my neighbour?
Ultimately, it is your landlord’s responsibility to ensure that your property is in a habitable state for you and your family to live safely in. Most of the time, your disrepairs are going to be caused by time and dangerous structures. However, there may be times that the disrepairs occur due to any neighbouring properties or the neighbours themselves. If this happens, your landlord will still be responsible for any damages that occur. However, your neighbour may be guilty of criminal damages, depending on what role they played in relation to the disrepairs. For instance, if they vandalized your property, you can go to CIRCA to press charges and claim compensation.
But, if their property’s structure has damaged yours, then you will have to tell them that you are asking your landlord to help with the damages. You should also recommend that they should speak to their own landlord if they live in a council home or property from the housing association.
Speak to your solicitor if you are feeling unsure about whether or not your neighbour is liable for the damages that your home has experienced. Some cases will be more complicated than others. Therefore, it is good to have a legal expert look over your case before you get started. That way, you will be able to figure out who actually owes you compensation for your damages.
How could neighbouring properties damage my house?
Your neighbours could be responsible for the damages in your home either through dangerous structures or through anti-social behaviour. Let’s start off by talking about dangerous structures. If your house was damaged by neighbouring properties, it is most likely that the structure of the other home was falling apart. Some example of unreliable structure damage can include:
- Cracked bricks or walls being dislodged from the property
- Broken roof tiles falling off
- Under flooring structures breaking
- Chimney collapse
- Falling balconies
- Faulty wiring or electrics
Of course, these are only a few ways that you could experience a disrepair due to the maintenance of neighbouring properties. Before a disrepair occurs, make sure to keep an eye on the exterior of your neighbour’s home. If you notice something looks amiss then you should mention it to your neighbour. After all, you could help them avoid any extreme damage. For instance, if there are faulty electrics on the exterior of your neighbour’s home, this could end up leading to a fire that could damage both of your properties. It could also lead to you experiencing a personal injury because of the fire.
Be polite about the damage and offer assistance if need be. It may be that they are unsure about how to move forward with a claim of their own. If you are both in council estates, you may want to politely suggest that they start their own housing disrepair claim.
Here is what you should do if your home is damaged due to the disrepairs on a neighbour’s home:
Neighbouring Properties & Anti-Social Behaviour
Another thing you may be wondering about is in relation to anti-social behaviour. Not all criminal acts happen to people. Instead, you may experience your home being vandalized or partially destroyed due to your neighbour’s behaviour. They may act violently, throw things at your home or try to break in and destroy your property. If you experience this for yourself, you may feel too frightened to act. You may even be forced to call the police. Unfortunately, you cannot make a housing disrepair claim if your neighbour is just being loud or a little disorderly. Housing disrepair claims are there to protect your property from physical damages. If no harm has come to your house, you should not make a claim. Instead, speak to the police and see if you can get a restraining order or have a warning given to them.
However, if your house is damaged due to vandalism, graffiti or violence, that is when you need to start considering two types of claims. The first is your housing disrepair claim, as you will need the damages sorted as quickly as possible. In some cases, the neighbour’s insurance will be used to pay for the damages, however you should always alert your landlord about what has happened. They can assist with finding the right repair-workers. It may even be that they ask for the neighbour’s compensation to have the work completed. You can also start looking to CIRCA to take the criminal claim to court. That way you can receive a pay-out that can be used to finance any needed repairs.
Will my neighbour have to pay for the damages to my home?
This depends on the type of case you are planning on making against your neighbour. If you believe that the negligence was caused by them, or they did it purposefully to damage your home, it is very likely that they will be either paying you compensation from their insurer or potentially out of their own pocket. If they don’t tell their insurer, or refuse to pay you for the damages, you can raise the issues with their insurers themselves. That way the damages will be settled either through the insurer or through them. Your solicitor can help you if you are worried that this will cause friction or problems between you and your neighbour.
How could I be eligible for compensation?
If you are thinking about making a housing disrepair claim in relation to neighbouring properties, you may be wondering about how you could be eligible for compensation. It’s one thing getting the repairs sorted in your house, but you may also be owed a pay-out for any damages that you have experienced. To be eligible for a housing disrepair claim, you need to prove that any personal injuries or damages in your home are not due to your own negligence. They were due to the age of your home or the negligence of your landlord. These types of damages tend to fall into three categories. Take a look below to see what these categories are:
Of course, you may end up falling into more than one of these categories. Let’s say that your house suffers from a serious hole in the roof. The hole let water in and caused water damage to your belongings. Due to the damp, it caused mould to grow in the room and you found you did not want to use it at all. This caused inconvenience. Eventually, due to the puddles on the floor, you ended up slipping over and injuring your spine. This is an example of a personal injury.
It’s important that you let your solicitor know as quickly as possible about all of the damages that you have experienced due to the negligence of your landlord. The more damages you have experienced, the more likely it is that you will receive a higher amount of compensation. Some claimants could even be owed up to £20,000! Speak to your solicitor so you can get an estimate of how much money you could be owed today. You may also get more if you have experienced the following damages:
Neighbouring Properties: How do I make a Housing Disrepair Claim?
Now that you have decided to make a housing disrepair claim, it’s time that you understand how the claim’s process works. It’s understandable that you may feel nervous, especially if you need to speak to neighbouring properties about the issues at hand, but our solicitors will be there to assist you. The first thing you need to do is speak to your solicitor about your disrepair. Provide them as much detail as possible about the problems, as well as information about how much notice you provided your landlord and how long the disrepair has been going on for. The extent of the disrepair and the damages it has caused will affect how much you could be owed for compensation.
Once you have spoken to your solicitor about your claim, they will focus on the compensation side of it. They will send over a triage assessor to look into the repair side of the claim. Take a look at the process below to see what you can expect during your case:
The amount of time needed to complete your housing disrepair claim will depend on the complexity of your claim. Just keep in mind that due to the pandemic and backlog of UK court cases, it is likely that there may be delays with your case. Be patient with your solicitor. They will always do their best to keep you updated about what is happening with your case. If there are any problems or updates, you will be the first person that they tell.
You will have until you leave your council house or property from the housing association to make your claim. So make sure to get in contact with Gowing Law as quickly as possible. We are ready to help you get started on your case.
Gowing Law Solicitors can help with Housing Disrepair Claims about Neighbouring Properties
Are you ready to get started on your housing disrepair claim? Neighbouring properties, or your neighbours in general, could potentially cause damages beyond your control. That’s why it’s crucial that you get assistance from our law firm as quickly as possible. The longer you leave your claim, the more likely it is that your damages will simply end up getting worse. That’s why our legal team is here to help you get started. We can offer you free advice and consultations to get you started. If you are happy to move forward with your claim, we can work with you on a “no win-no fee” basis. That means you will always come out on top. You will never need to pay any hidden fees. Instead, you will only need to pay our solicitors if they win your case for you!
Contact Gowing Law Solicitors today by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our claims checker. One of our specialists will then be in touch to answer any additional questions you may have.
Learn more about Neighbouring Properties and Housing Disrepair Claims
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