Housing Disrepair Case Studies

Arman Khosravi successfully settled a disrepair claim where issues included a history of leaks from bathroom of the flat above which resulted in collapsed ceilings. The flat above was owned by an offshore company on behalf of a Qatari family in Kensington. The client was the leasehold owner and suffered 8 years of leaks. The owner of the flat above accepted liability and agreed to pay £18,000 in damages. However, we considered this insufficient and argues that the damages should be in the region of £50,000. The case was later settled for an amount of £40,000 in damages and an agreement to pay our client’s legal costs. The client was represented by Arman Khosravi, a partner in Oliver Fisher’s Housing Department

Arman also successfully settled a disrepair claim where issues included a lack of heating hot water, draughts, water ingress, and damp to privately let detached house in Hatfield. The client’s tenancy was with a private landlord and began in May 2016. The rent charged was £1,065 per week. Shortly after the outset of the tenancy there were problems at the property, including a lack of hot water, heating, draughts, water ingress, and damp. Despite raising the issues with their landlord on numerous occasions the problems were not properly addressed and worsened significantly over time. Luckily, the worsening disrepair was recorded in inventories.  Our clients instructed Oliver Fisher to assist them and we sent a letter before action to the landlord who was working abroad. We were able to assist our clients in securing a surrender and release from their tenancy. Indeed, the Landlord could not carry out repairs with our client in occupation. The landlord accepted that they were liable to pay damages and their initial offer of compensation was £3000. However, we considered this to be insufficient and argued that the damages should be far higher. Oliver Fisher was subsequently able to secure a settlement of £8,000 in damages, and an agreement by the landlord to pay our legal costs.  The client was represented by Arman Khosravi, a partner in Oliver Fisher’s Housing Department.

Russell Conway successfully settled a disrepair claim on behalf of a London Borough of Hammersmith and Fulham tenant. The disrepair issues included severe dampness affecting the property throughout. There were also issues in relation to defective plumbing which resulted in water entering into our client’s property from outside and as a result defective plumbing affecting the downstairs toilet. The London Borough of Hammersmith and Fulham agreed to pay £4,800 in damages and our client’s legal costs.

Arman has also successfully settled a disrepair claim on behalf of a London Borough of Southwark tenant in relation to subsidence, damp and water ingress. Our client’s complaints of subsidence were ignored until we instructed a surveyor to report on subsidence at the Property. Amongst the complaint included the issue of dampness. At the time our client was told that the dampness was caused by condensation and a fan was installed in the kitchen at the Property. However, this did not rectify the on-going problem. The property had been subject to leaks frequently for a duration of time and the tenant and her family regularly collected water in buckets. The disrepair affected the kitchen, bathroom living room and one of the bedrooms. Our client recovered £10,500 in damages from her landlord Catalyst Housing and her legal costs paid

Arman assisted our client who initially began complaining that the property was damp and of a water leak from the overflow pipe of the flat above, giving rise to water penetration at the property. This resulted in damage to her property. In brief, the water cascaded down from a roof terrace and caused a considerable amount of splash back around guttering which soaked into the walls of our client’s property. The drain around the base of the Property, which should have been able to carry the water away, simply could not cope with the quantity of water gushing out constantly from the guttering down pipe. As a result of this and other disrepair our client’s entire flat was damp and there was mould throughout. The bedroom our client shared with her daughter was damp and eventually uninhabitable. Our client had bucket’s catching water from the various leaks. Our client was offered £3,000 in damages but Oliver Fisher managed to secure agreement for £8,500 in damages and legal costs paid.

“…Landlord’s have a lawful duty to keep in repair the structure and exterior of your house, including drains, gutters and external pipes. To keep in repair and proper working order the supply of water, gas, electricity and sanitation”

Arman assisted our client who occupied a Notting Hill Genesis property with her two children. One of the children was severely disabled and required special adaptations at home and round the clock care. Our client’s property was severely damp and suffering with leaks and draught. The Housing Association eventually carried out all the necessary works.  Our client received substantial damages of £12,500 from NHG.

Our client was the tenant of an Octavia Housing Association property. The bathroom, living room and kitchen were largely affected by damp. The main disrepair was that water was entering the property as a consequence of a poorly constructed lean to and water pooling above the DPC. The external wall required re-pointing and the lean to was dismantled and removed. Not only were the required works carried out, our client received £1,800 in damages and £250 special damages.

Arman says: ‘We worked quickly to ensure that the required work to keep the property watertight was carried out as soon as practicably possible. To us our client’s health is paramount, quantum of damages and legal costs follows.  ‘

Oliver Fisher was instructed by a client in relation to a leak from a balcony of the p property above. Arman successfully assisted a client in investigating and identifying that the Freehold company that owner the building was liable. Long awaited repair work was carried out, damages of £3,800 paid and agreement to pay our client’s legal costs.