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Month: March 2022

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Housing Disrepair

Landlord Repair Obligations and Housing Disrepair Claims | NJS Law

March 2022

What Are Landlords Legally Responsible For?

Landlords in England and Wales have clear legal obligations to keep rental properties safe and in good repair. These duties arise under Section 11 of the Landlord and Tenant Act 1985 and apply to most residential tenancies.

Under this legislation, landlords are legally responsible for maintaining:

1. The Structure and Exterior

This includes the fabric of the building and external elements such as:

  • Roofs
  • Walls and brickwork
  • Windows and doors
  • Drains, gutters, and external pipework

2. Essential Installations

Landlords must also keep installations in proper working order, including:

  • Water supply
  • Gas and electricity
  • Sanitary facilities such as baths, basins, toilets, and sinks

3. Heating and Hot Water Systems

Finally, landlords are responsible for ensuring that:

  • Central heating systems
  • Hot water systems

remain safe, functional, and properly maintained.

Even where a tenancy agreement does not explicitly mention these obligations, the law automatically implies them into most residential tenancy agreements. As a result, landlords cannot avoid responsibility by omitting these terms from the contract.

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What Are the Common Signs of Disrepair?

Disrepair can take many forms and often worsens over time if left unaddressed. Common examples include:

  • Damaged brickwork, roofing, or windows
  • Faulty electrics, broken heating systems, or blocked guttering
  • Damp, mould, and water leaks

Not only do these issues affect the condition of your home, but they can also seriously impact your physical and mental health. For example, damp and mould may trigger respiratory illnesses, while unsafe fixtures or structures can cause injury. In addition, leaks can damage personal belongings and disrupt everyday living.

Unsurprisingly, many tenants feel frustrated when landlords fail to acknowledge or repair these problems despite repeated reports.

What Is Not Considered Disrepair?

While landlords must maintain a safe living environment, tenants also have responsibilities. Generally, landlords are not responsible for:

  • General household upkeep, such as cleaning, replacing lightbulbs, or changing smoke alarm batteries
  • Damage caused by tenants or their visitor
  • Repairs to personal belongings brought into the property, including privately owned white goods
  • Improvements or upgrades to the property

Understanding the distinction between landlord and tenant responsibilities can help avoid unnecessary disputes.

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What Should I Do Next?

If you believe your landlord has failed to deal with disrepair, taking the right steps early is important.

1. Contact Your Landlord and Keep Records

You should report the disrepair as soon as possible and keep evidence, including:

Photographs or videos of the issuesCopies of emails, texts, or lettersA diary recording conversations and timelinesMedical letters from your GP if the disrepair affects your health

This evidence can be crucial if the issue escalates into a legal claim.

2. Speak to NJS Law

You can also contact NJS Law for advice. One of our Housing Disrepair Specialists will guide you through the process and explain your options.

We can help you to:

  • Require your landlord, housing association, or local council to complete the necessary repairs
  • Claim compensation for inconvenience, damage to belongings, or personal injury

How Much Will It Cost?

We understand that renters already face rising living costs. That is why NJS Law handles housing disrepair claims on a No Win, No Fee basis. This means there is no upfront cost to you, and you only pay if your claim succeeds.

Get Expert Advice Today

Do not wait any longer than necessary to resolve ongoing disrepair. Contact NJS Law today by phone or email for a free, no-obligation consultation. We are here to help protect your rights and improve your living conditions.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!

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For fast, friendly affordable legal advice. Contact a member of our team today.

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Categories
Medical Negligence

What Is Medical Negligence?

March 2022

Medical professionals owe their patients a duty of care. In practice, this means they must provide treatment that meets the standard expected of a reasonably competent and skilled healthcare professional working in the same field and circumstances.

However, not every instance of poor treatment results in a valid medical negligence claim. Importantly, negligence alone is not enough. To succeed, the substandard care must have caused avoidable harm.

Negligence Without Injury Is Not Enough

Although a medical professional may act negligently, a compensation claim will only succeed if that negligence causes injury.

By way of comparison, a driver who runs a red light acts negligently. Nevertheless, if no accident occurs and no one is harmed, there is no basis for a compensation claim. Similarly, a doctor may make a mistake or deliver care below the accepted standard, but if the patient’s health is unaffected, a claim will not succeed.

In contrast, where all three elements are present, a duty of care, a breach of that duty, and avoidable harm caused as a result, compensation should be awarded.

The Legal Test for Medical Negligence

To establish a successful claim, the following must be proven:

  1. Duty of care – This is usually straightforward, as a doctor–patient relationship almost always establishes it.
  2. Breach of duty – The care provided fell below the accepted medical standard.
  3. Causation – The breach directly caused avoidable injury, symptoms, or deterioration.

Only when all three elements are satisfied can a medical negligence claim succeed.

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Never Events: When Negligence Is Inexcusable

Some medical errors are so serious and preventable that the NHS accepts they should never happen. These are known as Never Events.

Examples include:

  • Leaving foreign objects, such as swabs or surgical instruments, inside a patient
  • Operating on the wrong body part
  • Carrying out the wrong procedure

Where a Never Event results in injury, establishing liability is usually far more straightforward.

Proving Negligence in Other Cases

If the error is not classed as a Never Event, further investigation is required. In these cases, we will:

  • Obtain your full medical records
  • Prepare a detailed statement outlining the concerns
  • Instruct an independent medical expert to assess whether the care fell below an acceptable standard

If the expert confirms a breach of duty, we will then obtain a further report on causation, which examines whether the negligent care directly caused the harm you suffered.

Only when both breach and causation are supported by expert evidence will a claim proceed.

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How We Can Help

Medical negligence claims can feel complex and overwhelming. Nevertheless, this is an area we have advised on successfully for many years. Above all, we take the time to listen carefully to your experience and explain, clearly and honestly, whether we can help.

Our NJS Law Medical Negligence Specialists are experienced, compassionate, and committed to achieving the best possible outcome for our clients.

If you believe negligent medical care has caused you avoidable harm, please contact us for advice. We are here to help you understand your options and take the next steps with confidence.

CONTACT US

Get in touch using the form below or via the following methods:

0800 6525 656
medical@njslaw.co.uk

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

Contact Us

FAQ

For any questions we may be able to answer, discover our FAQ section.

Read More