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Social Housing Disrepair

The Effect Of The Social Housing Regulation Bill 2022-23 On Tenants’ Rights

The Effect Of The Social Housing Regulation Bill 2022-23 On Tenants’ Rights

January 2023

As the Social Housing Regulation (SHR) Bill 2022-23 approaches its final report stage in the House of Commons our Housing Disrepair Solicitors thought it would be useful to set out why this Bill is so important and how it will improve the rights of tenants. 

Following the tragic death of a two-year-old boy due to respiratory disease linked to mould in his family’s social housing accommodation, we understand that many people are worried about the safety of their homes.

In the opening of the Social Housing White Paper on which many of the reforms in the SHR Bill 2022-23 are based, former Prime Minister, Boris Johnson reflected on the time he visited a mould and damp-infested house on a council estate in the 1980s:

“And what struck me most when I arrived wasn’t the condensation streaming down the windows like a waterfall or the black spores of mould metastasising across the walls or even the rasping cough of the small baby, which seemed to get worse even in the short time I was there.

It was the miserable despair of the father, a man utterly bereft of hope at the problem ever being sorted out. He’d complained to the housing office, he’d complained to his local councillor, he’d complained to anyone who would listen and many who wouldn’t, but nobody seemed to care, nobody seemed willing or able to do anything about it.”

Mr Johnson stated that the White Paper aimed to develop a system to ensure social housing tenants were listened to. The SHR Bill 2022-23 is designed to make this happen.

What is the Social Housing Regulation Bill 2022-23?

The Bill aims to deliver the proposals set out in the Social Housing White Paper and the 2019 Conservative Government Manifesto. This will be achieved by introducing several measures to give tenants greater powers, improve access to swift and fair redress, and enhance the powers of the Regulator of Social Housing (the Regulator).

What did the Social Housing White Paper recommend?

The White Paper set out a charter detailing the standards social housing tenants should be able to expect:

  1. To be safe in your home. We will work with industry and landlords to ensure every home is safe and secure.
  2. To know how your landlord is performing, including on repairs, complaints and safety, and how it spends its money, so you can hold it to account.
  3. To have your complaints dealt with promptly and fairly, with access to a strong ombudsman who will give you swift and fair redress when needed.
  4. To be treated with respect, backed by a strong consumer regulator and improved consumer standards for tenants.
  5. To have your voice heard by your landlord, for example through regular meetings, scrutiny panels or being on its Board. The government will provide help, if you want it, to give you the tools to ensure your landlord listens.
  6. To have a good quality home and neighbourhood to live in, with your landlord keeping your home in good repair.
  7. To be supported to take your first step to ownership.
How has the Social Housing Regulation Bill 2022-23 implemented the standards set out in the White Paper?

The key provisions of the SHR Bill 2022-23 are:

  • Making safety, transparency, and energy efficiency part of the Regulator’s fundamental objectives.
  • Supporting the Regulator to set standards for the competence and conduct of staff working for registered providers of social housing.
  • Ensuring registered providers elect a designated person for health and safety issues.
  • Empowering the Secretary of State to introduce new requirements for registered providers relating to electrical safety checks.
  • Allowing the Regulator to order registered providers to collect and publish performance information.
  • Ensure registered social housing providers are regularly inspected.

The Regulator will also be able to make emergency repairs to ensure tenants are living in quality accommodation (the landlord will have to foot the bill). They will also be able to intervene if a landlord is not providing a decent standard of housing and guarantee timely action if the Regulator is concerned about the decency of the home in question.

Will the SHR Bill 2022-23 help tenants get their homes repaired faster?

Only time will tell. There will be a period of adjustment as the Regulator and registered providers understand their obligations and responsibilities under the new legislation. Much will depend on the willingness of the Regulator to act on specific cases.

In the meantime, it is vital that social housing tenants living in housing that requires repair contact us immediately. Not only can our expert Housing Disrepair Solicitors push your case to the front of the queue, but we may also be able to secure compensation for the damage you have suffered, for example, health issues and stress, due to repairs not being carried out.

How NJS Law can help you with housing disrepair claims

NJS Law is one of the few housing disrepair solicitors across England and Wales who have a professional and dedicated legal team to ensure that your repairs are completed and more importantly get your home into the excellent condition that you deserve.

We can help you with the following aspects:

  • Instruct a surveyor to assess the disrepair and provide a report to use as evidence.
  • If necessary, legally ensure your housing association or council completes all your repairs.
  • Claim compensation for you for the period of time your property has been in disrepair.

At NJS Law we are housing disrepair claim experts, assisting tenants nationwide on a NO WIN NO FEE basis to compel their council to conduct crucial repairs to their properties, in addition to recovering compensation for the period of time repairs have been delayed.

Our team has decades of combined experience in dealing with Housing Disrepair Claims. We are sympathetic, understanding, and are here to help you every step of the way.

Call us on 0800 093 3393 today to discuss your claim.

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Categories
Council House Disrepair

The Housing Ombudsman Has Issued a Special Report on Birmingham City Council

The Housing Ombudsman has issued a special report on Birmingham City Council

January 2023

Since the conditions in which Awaab Ishak lived were made public, alongside the serious health problems that ultimately led to his death, the UK Government and the Housing Ombudsman have introduced new regulations. These reforms aim to improve the quality, safety, and living conditions of homes owned by local councils and housing associations.

As part of this increased scrutiny, the Housing Ombudsman has issued a special report on Birmingham City Council, identifying fundamental failures in how the council handled housing disrepair complaints and compensation claims.

Housing Ombudsman Findings on Birmingham City Council

The Housing Ombudsman identified four key areas of failure, each accompanied by clear recommendations to prevent future service failures.

Repairs

The Ombudsman found that Birmingham City Council’s repairs policy was not effective in practice. Tenants were often forced to make repeated requests for repairs, with issues remaining unresolved over long periods of time.

Key recommendations include:

  • Improving how repair requests are triaged
  • Monitoring contractor performance more closely
  • Taking a proactive approach to identifying and resolving disrepair issues

Record Keeping

Poor record keeping was identified as a significant cause of repeated service failures. The council had no clear framework setting out expectations for staff or contractors, resulting in missed repairs and inadequate complaint responses.

The Ombudsman recommended:

  • Creating a clear-record keeping framework
  • Developing an action plan to improve internal and external communication
  • Ensuring better cross-departmental information sharing

Complaint Handling

The council’s complaints policy failed to comply with many requirements of the Housing Ombudsman Complaint Handling Code. As a result, complaints were unlikely to be handled fairly or effectively.

Recommendations included:

  • Updating the complaints process to comply with the Code
  • Carrying out a self-assessment to identify and resolve areas of non-compliance

Compensation

The Ombudsman found serious flaws in the council’s compensation policy. It failed to allow compensation for distressinconveniencetimeand trouble, and incorrectly suggessted compensation could not be paid where liability was denied.

In one case, the council attempted to offset compensation against rent arrears, which is explicitly prohibited under Ombudsman guidance.

The report recommends:

  • Introducing a new compensation policy
  • Ensuring tenants do not need to pursue separate claims for compensation

Do You Have a Housing Disrepair Claim?

If you are a tenant living in a council or housing association property that has fallen into disrepair – and your landlord has failed to carry out repairs – you may be entitled to make a housing disrepair claim.

This includes issues such as dampmouldleaksheating failuresor structural defects.

How NJS Law Can Help with Damp and Mould Repairs

NJS Law are one of a few specialist housing disrepair firms in England and Wales with a dedicated legal team focused on ensuring repairs are completed and tenants receive the safe, high-quality homes they deserve.

Our Housing Disrepair Services Include

  • Instructing an independent surveyor to assess the disrepair and prepare expert evidence
  • Taking legal action to force your council or housing association to complete all necessary repairs
  • Claiming compensation for the period your home has been left in disrepair

Housing Disrepair Claims on a No Win No Fee Basis

At NJS Law, we are housing disrepair claim experts, assisting tenants nationwide on a NO WIN NO FEE basis. We help compel councils and housing associations to carry out essential repairs while also recovering compensation for delayed or ignored maintenance.

Our team has decades of combined experience and is known for being sympathetic, approachable, and supportive throughout the entire claims process.

Contact NJS Law Today

Call us on 0800 093 3393 today to discuss your housing disrepair claim and find out how we can help you improve your living conditions.

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

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Categories
Inheritance Act Claims

Inheritance Act 1975 Claims Explained: Lessons from Fennessy v Turner

How To Make A Claim Under The Inheritance Act 1975

January 2023

The recent release of Prince Harry’s autobiography, Spare, illustrates just how fractious family relationships can be.

Although most families would be hard pressed to match the Windsor in both wealth and the occasional rancour towards each other, when it comes to money and inheritances, claims under the Inheritance (Provision for Family and Dependants) Act 1975 (Inheritance Act 1975) can demonstrate that each unhappy family is indeed “unhappy in its own way”.

A helpful example of how claims under the Inheritance (Provision for Family and Dependants) Act 1975 operate in practice can be found in the appeal case of Fennessy v Turner & another [2022] WTLR 1295.

The case concerned Hazel Fennessy, her two children Heidi and Patrick (the Claimant), and Mrs Turner, a third-party beneficiary.

Background to the Case

Hazel and her daughter Heidi lived together and shared an exceptionally close relationship throughout their lives. Tragically, Heidi died just six weeks before her mother. During her lifetime, Heidi was known to have difficult relationships with some family members, including her brother Patrick.

Patrick, who had seven children, worked for many years as a coalman and HGV driver and at one point ran the family coal merchant business. Importantly, he had been told that he would inherit “everything” once both Hazel and Heidi had passed away. As a result, this created a clear expectation.

Despite this, Hazel’s Will dated 24 January 2012 left her entire estate to Heidi and appointed her as sole executrix. The Will further stated that, if Heidi predeceased her, the estate would instead pass to Mrs Turner, who would also act as executrix. Patrick was entirely excluded.

The Inheritance Act 1975 Claim

Following Hazel’s death, Patrick brought a claim under the Inheritance Act 1975, arguing that the Will failed to make reasonable financial provision for him as Hazel’s son.

The estate was valued at £360,371.63. Patrick was awarded just over £195,000, and crucially, this decision was upheld on appeal.

This case provides a clear illustration of:

  • Who can bring a claim under the Inheritance Act 1975
  • How courts assess “reasonable financial provision”
  • The factors influencing the size of an award

What Is the Inheritance Act 1975?

The Inheritance Act 1975 allows certain individuals to apply to the court for reasonable financial provision if the deceased’s Will (or intestacy rules) fails to provide for them adequately.

In Patrick’s case, he qualified because he was the child of the deceased and had been completely excluded from the Will.

Other people who may be eligible to bring an Inheritance Act 1975 claim include:

  • A spouse or civil partner of the deceased
  • A former spouse or civil partner (provided they have not remarried or formed a new civil partnership, and are not barred by a divorce settlement)
  • A cohabiting partner who lived with the deceased for at least two years before death
  • A stepchild treated as a child of the family
  • A person who was financially maintained by the deceased immediately before death

⏱️ Time limit: Claims must usually be brought within six months of the Grant of Representation, although the court may extend this in limited circumstances.

What Is “Reasonable Financial Provision”?

In every Inheritance Act 1975 claim, the key question is whether the deceased made reasonable financial provision for the applicant, judged by the standard applicable to that person.

The burden of proof lies with the Claimant. Importantly, the court does not consider whether the deceased was morally right or wrong. Instead, it applies an objective legal test.

The court will examine:

  • The financial needs and resources of the Claimant and beneficiaries
  • The size and nature of the estate
  • Any physical or mental health issues affecting the parties
  • The obligations and responsibilities the deceased had to each party

Additionally, the court will consider factors specific to the Claimant’s status. For example:

  • For spouses, the court looks at age, duration of marriage, and what would have been awarded on divorce
  • For children, education, training, and future needs are relevant

Why Patrick Succeeded

In Fennessy v Turner, Patrick demonstrated genuine financial need. He lived in a motorhome, had limited savings, and due to disability, could only work part-time. He required stable accommodation and basic household necessities.

In contrast, Mrs Turner had no immediate or foreseeable financial needs and sufficient existing resources. Furthermore, Hazel owed no obligations to her.

As a result, the court awarded Patrick £195,000, covering:

  • His housing needs
  • Income shortfall
  • Furniture and white goods
  • His solicitor’s success fee under a No Win, No Fee agreement

Key Takeaways

While Inheritance Act 1975 claims carry risk—particularly the possibility of paying the other party’s costs if unsuccessful—this risk can often be managed with After the Event (ATE) insurance.

For this reason, it is vital to instruct a Contentious Probate Solicitor experienced in Inheritance Act claims. An experienced solicitor can assess prospects, manage costs, and often achieve an out-of-court settlement, saving time, expense, and emotional strain.

How We Can Help

Our team has decades of combined experience advising and representing clients who are:

We understand that these cases are often emotionally complex. Accordingly, we provide clear, practical advice and support at every stage of the process.

If you would like guidance on whether you can bring a claim, please get in touch for a confidential discussion.

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Categories
General Updates

What Is A No Win-No Fee Agreement

What Is A No Win-No Fee Agreement

January 2023

Fear concerning how to pay for legal fees prevents many people who have a compelling case for making a personal injury, medical negligence, or housing disrepair compensation claim from contacting a solicitor. However, for these types of cases, most solicitors work on a no-win no-fee basis.

No win-no fee allows more people to access justice and ensures those responsible for unresolved housing dilapidations and negligent acts or omissions that result in personal injury are held to account.

What is meant by no win-no fee?

No win-no fee agreements are often referred to as Conditional Fee Agreements (CFAs). Essentially, this means that if you lose your case, you will not have to pay your legal fees. However, depending on the contract you have with your Solicitor, you may need to pay for expenses associated with your case. These are referred to as disbursements.

How does a no-win-no-fee arrangement work?

If your solicitor agrees to work for no win-no fee, they can take out an insurance policy on your behalf to cover any costs incurred whilst running your compensation claim. These costs may include expert witness fees and court fees.

How does a solicitor get paid if my claim is successful?

If you win your compensation claim, your solicitor will charge a ‘success fee.’ 

Because your solicitor is shouldering all the risk in a no win-no fee agreement, they will carefully consider whether or not your compensation claim has strong merits before agreeing to take on your case. This is positive news for you as it means you can be confident that if your solicitor agrees to pursue your claim, they believe you have a strong chance of winning.

Do most personal injury, medical negligence, and housing disrepair cases go to court?

Thankfully, no. In most cases, solicitors for both sides settle the case before the court date. This is known as an ‘out of court settlement.’

Wrapping up

At NJS Law, we offer no-win- no fee arrangements for personal injury, medical negligence, and housing disrepair claims. Our friendly, approachable solicitors will take the time to explain the arrangement to you so you understand exactly what you will and will not have to pay if you lose and the fee, we will charge should you win your case.

Our team has decades of combined experience in successfully advising and representing clients claiming compensation. We are sympathetic, understanding, and are here to help you every step of the way.

Call us on 01 625 667166 today to discuss your claim.

Ask NJS Law

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

FAQ

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