Housing Disrepair Claim against Housing Association
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Enforcement Proceedings issued against Housing Association
Osbornes Law recently enforced a binding agreement reached with a housing association concerning much-needed repairs to remedy housing disrepair.
Background to the Case
In October 2017, Ms Y instructed our solicitor, Edward Taylor, to bring a housing disrepair claim against her landlord, a housing association, after they failed to repair a persistent rainwater leak in her living room ceiling. Despite multiple requests, the issue remained unresolved, severely affecting Ms Y’s living conditions.
Following a formal Letter of Claim sent under the Pre-Action Protocol, Osbornes Law instructed an expert surveyor to inspect the property and produce a report detailing the necessary repair works.
Initial Settlement Agreement
After reviewing the surveyor’s findings, the housing association agreed to carry out the recommended repairs and provide compensation to Ms Y. A Memorandum of Agreement was drawn up and signed by both parties, reflecting the terms of the settlement. While the housing association did compensate Ms Y, they failed to fully complete the agreed-upon repairs.
Legal Action for Breach of Contract
When the housing association neglected its obligation to finish the repairs, Edward Taylor issued court proceedings, citing breach of contract for failing to comply with the terms of the Memorandum of Agreement. The housing association initially sought to defend their position but ultimately proposed a settlement, agreeing to complete the outstanding works by a specified date.
Further Compensation Secured
Edward Taylor successfully negotiated additional compensation for Ms Y. He argued that she should receive general damages amounting to 50% of the rent she had paid since the breach of the tenancy agreement. This was a significant result, reflecting the inconvenience and hardship Ms Y endured while waiting for the repairs to be completed.
Case Funded Under “No Win, No Fee” Agreement
Osbornes Law represented Ms Y under a Conditional Fee Agreement (CFA), more commonly known as a “no win, no fee” arrangement, ensuring that she was able to pursue her case without financial risk.
Are facing housing disrepair issues?
If you are facing housing disrepair issues and need legal assistance, Osbornes Law is here to help. Our experienced team can guide you through the process and ensure you receive the repairs and compensation you deserve. Contact us today for a no-obligation consultation and learn more about how we can assist you under our “no win, no fee” arrangements.
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