Claiming compensation from landlord

[wulfinuk]

Hi,

I'm trying to claim compensation from my landlord. To tell you the short version of the story, I have had 9 months of only being able to use half my kitchen because of a problem with damp. Despite repeated requests to have it fixed due to it causing problems with my partners health (he has a chronic lung disorder) it took them nine months to effect the repairs that needed doing.
I have written them one letter, laying out what happened and advising them of what I wanted compensation for (loss of earnings due to temporary rehousing, petrols costs, damage to property) and gave them 14 days to reply. This was sent on the 1st December. If they don't reply tomorrow I'm going to take further action, but I'm not sure what course of action that needs to be.

Can anyone advise me where I should go from here?

Thanx

Wulfinuk

[Nightmare4banks]

wulfinuk,before possibly giving you any guidance,please answer the following questions:

1.How long have you been tenants living in the property?
2.How much is your monthly rent?

[wulfinuk]

Hi Nightmare,

In answer to your questions my partner and myself have been tenants here for 4 years. Ou rent is currently at £400 per month give or take a few pennies.

I did get a response from them today, but they have only offered £75 compensation. My partner says to take it, but that is not for loss of earnings or petrol used. What do you think I should do, accept or not?

[Nightmare4banks]

wulfinuk,in reply to your last post:

1.Please explain in more detail regarding your losses that could possibly be quantified.

2.You say that your partner has lung problems.Please specify the backup evidence that you have that supports this fact.

Once you post these details,hopefully I should be in a better position to assist you further.

[blacksheep1979]

Do you have any documented evidence of this damp either from the landlord, photographs yourself, the council etc? And has the damp been sorted now?

[wulfinuk]

Hi nightmare,

The losses that could be quantified are that I lost 2 days of work due to having to move out of my house because the damp in the kitchen was so bad it was affecting not only my partner, but myself and 2 children. Also the amount of milage I had to do over a period of three days totalling 350 miles.
As for the evidence that supports my partners lung condition he is under our local hospital with the chect clinic and has recently had a CT scan. Also both his consultant and GP have advised that he chest condition is affected by damp.
BlackSheep, I do have photographic evidence of the damp as it was one of the things I did so I had evidence. I also have photos of the problem we have been having with slugs coming into my kitchen. They have fixed the damage caused by the damp as to wethyer or not it comes back is a different matter
Wulfin

[Nightmare4banks]

wulfinuk in reply to your post:

I have two more questions for you -

1.When does your current tenancy expire?

2.Has the landlord given you any indication on how he has calculated the £75 compensation?

The answers to these questions should enable me to hopefully assist you further.

[wulfinuk]

Hi Nightmare,
The tenancy we have is an assured shorthold tenancy so I don't have a date when it expires. As it is through quite a big landord in the southeast they don't give date of expiration for tenancy (it is a housing association house)
The £75 is calculated, and I am quoting from the letter they sent me, "by an inconvenience payment of £25.00 as you have had to contact us on many occasions to resolve the matter, and £50.00 for compensation for the delay in completion of the repair." The £50 I know is standard as set out intheir tenancy handbook for compensation in delays for repairs being completed.
Hope this helps
wulfinuk

[Nightmare4banks]

wulfinuk,in reply to your post:

Yes,your reply does help - thank you.

In my view:

1.The amount of compensation that you have been offered is silly.

2.You should either

be able to find a solicitor that would take on your case on "a no win no fee" basis if want the repairs to be completed and get compensation/damages.

or

take the housing association to the small claims court with an injunction for carrying out the repairs.This would compel the housing association to carry out the repairs for you within a time scale(if they had not been completed) and to award you and your partner damages.

However,I believe the maximum that you can claim of breach of repair obligations through the small claims is £1,000.

Your claim for other expenditure could also be claimed seperately.

Of course,you can also just make a small claim without the injunction.

The damages would be based on the length of time that you or your suffered in health and inconvenience terms.

By the way one more question:

Did you suffer any bad living conditions prior to the 9 months that you have mentioned? If yes,please specify all the bad conditions that you have suffered during your tenancy apart from what you have already mentioned before.

The answer to this question would enable me to work out if you should contact a solicitor or go for the small claims option.