Categories
Will Disputes

Tips for a Will Dispute When There Is No Will

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When a loved one passes away without leaving a will, it can lead to uncertainties and disputes among family members regarding the distribution of the estate. Resolving a will dispute in the absence of a will requires careful consideration of legal provisions and effective communication. Here are three tips to navigate a will dispute when there is no will:

Tip 1: Understand the Intestacy Rules

In the UK, when someone dies without a will, the estate is distributed according to the rules of intestacy. Familiarise yourself with these rules to gain clarity on how the estate will be divided among the surviving relatives. The intestacy rules prioritise certain individuals as beneficiaries based on their relationship with the deceased.

For example, if there is not will and the deceased had a surviving husband/wife or civil partner but no children, the entire estate usually passes to the husband/wife or civil partner. However, if there are children, and husband/wife or civil partner a child only inherits from the estate if the estate is valued at over £322,000. If there are two or more children, the children will inherit in equal shares.

Understanding the intestacy rules will help you assess your entitlement and negotiate with other family members, if necessary.

Tip 2: Explore Mediation or Alternative Dispute Resolution

Disputes over the distribution of an estate can strain relationships and prolong the resolution process. To avoid the time, expense, and emotional toll of going to court, consider exploring mediation or alternative dispute resolution methods.

Mediation involves appointing a neutral third party who facilitates discussions between the disputing parties. The mediator helps identify common ground, encourages open communication, and guides the parties towards a mutually acceptable solution. Mediation can provide a less adversarial and more cooperative environment, allowing family members to express their concerns and work towards a fair resolution.

Alternative dispute resolution methods, such as negotiation or arbitration, can also be considered depending on the nature of the dispute and the willingness of the parties to engage in the process. These methods provide an opportunity to reach a resolution outside of the courtroom, promoting a more amicable and efficient outcome.

Tip 3: Seek Legal Advice and Representation

Navigating a will dispute without a will can be complex, especially when multiple parties are involved. Engaging the services of a qualified probate solicitor who specialises in will disputes is highly recommended. A solicitor can provide valuable legal advice, assess the strengths and weaknesses of your case, and guide you through the process.

A skilled solicitor will help you gather the necessary evidence, such as family relationships, financial information, and any relevant documentation, to support your claim. They can also represent your interests during negotiations or court proceedings, ensuring your rights are protected and advocating for a fair distribution of the estate.

Our team has extensive experience dealing with Contentious Probate matters.

We are sympathetic, understanding, and are here to help you every step of the way.

We are here to help. We can get it sorted. It’s what we do. Call us. It’s free to ask.

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Categories
Motorbike Accident

Navigating Potholes on Motorbikes

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The serene landscapes and winding roads make it an ideal destination for motorbike enthusiasts. However, behind this charming exterior lies a concealed danger that presents a significant peril to riders – potholes. These treacherous craters in the road not only challenge the stability of four-wheeled vehicles but also turn the journey into a perilous adventure for motorcyclists.

The UK is facing a mounting issue with approximately 2 million potholes, indicating a deteriorating condition of the country’s infrastructure.

A March study analysing government statistics and conducted by a price-comparison site unveiled that the Blackburn with Darwen council area had 76% of its roads in need of repair, with Bristol close behind at 78.5%.

However, this pothole problem isn’t confined to specific regions; it’s a nationwide predicament that is progressively worsening. According to the RAC’s report in June, pothole-related breakdowns have reached a five-year peak. The number of callouts for breakdowns due to poor road surfaces surged by 40% year on year, reaching 8,170 in the UK between April and June. The head of roads policy at RAC, Nicholas Lyes, attributed this surge to last winter’s series of well-below-average temperatures combined with heavy rainfall. These weather conditions allowed water to seep into cracks, freeze, and expand, causing roads to rapidly deteriorate as vehicles passed over them.

In this article, we delve into the impact of potholes on motorbike riders and explore potential solutions to address this growing concern.

The Perilous Encounter:

Riding a motorbike provides a sense of freedom and thrill, but the joyous experience quickly turns into a nerve-wracking ordeal when confronted with potholes. The smaller size and two-wheel structure of motorbikes make them more vulnerable to pothole-related accidents compared to cars. A motorcyclist’s weight is evenly distributed, and they have limited protection, leaving them exposed to the harsh realities of a pothole-riddled road.

Impact on Rider Safety:

The dangers posed by potholes to motorcyclists are multi-fold. Firstly, hitting a pothole at high speed can lead to a loss of control, resulting in the rider veering off course or, even worse, crashing into other vehicles. Secondly, the jolt experienced when a motorbike encounters a pothole can lead to serious injuries, from sprains and fractures to more severe consequences like head trauma. Moreover, potholes filled with rainwater may appear shallow, causing riders to misjudge their depth and leading to accidents.

Economic Implications:

Beyond the immediate safety concerns, potholes also take a toll on the riders’ wallets. The impact of these road hazards on motorbikes can cause damage to the suspension, tires, and rims, necessitating costly repairs or replacements. The financial burden is a double blow to riders, especially those who rely on their motorbikes for daily commuting or leisure activities.

The Nationwide Predicament:

Potholes are not an isolated issue confined to specific regions; they are a nationwide problem affecting both rural and urban roads. Weather conditions, such as heavy rainfall and temperature fluctuations, exacerbate the formation and expansion of potholes. With each passing year, the number of potholes seems to multiply, putting the safety of motorcyclists at greater risk.

Efforts and Solutions:

In an effort to combat this issue, the government committed to investing £5 billion in road and highway maintenance from 2020 to 2025. Additionally, annual funding is allocated for pothole repairs outside London. Chancellor Jeremy Hunt, in the spring budget, augmented this budget by an extra £200 million per year to combat the “curse of potholes,” raising it to a total of £700 million. Moreover, local authorities receive funding through various schemes to support road maintenance.

However, Mark Morrell, while holding this year’s Annual Local Authority Road Maintenance (Alarm) survey from the Asphalt Industry Alliance (AIA), contends that the current efforts are insufficient. The survey paints an alarming picture, revealing that local authorities received only around two-thirds of the required funding to prevent further deterioration of roads. To address the existing backlog of carriageway repairs, an estimated amount of more than £14 billion is needed.

Our NJS Law Motorbike Accident Claims Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

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Categories
Cycling Accident

Cracked Streets and Collisions: Navigating Life in Pothole-Stricken Britain – Pothole Claims

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The UK is facing a growing pothole crisis, with an estimated 2 million potholes no affecting roads nationwide. This reflects the declining condition of the country’s road infrastructure and poses a serious risk to all road users – particularly cyclists.

How Widespread Is The Pothole Problem

Recent research highlights the scale of the issue.

A March study analysing government data found that:

  • Blackburn with Darwen had 76% of roads in need of repair
  • Bristol followed closely, with 78.5% of roads requiring attention

However, this is not a regional issue. Poor road surfaces are now a nationwide problem, and conditions continue to worsen year on year.

Pothole-Related Breakdowns at a Five-Year High

According to a June RAC report, pothole-related vehicle breakdowns have reached a five-year peak.

Between April and June alone:

  • Callouts caused by poor-road surfaces increased by 40% year-on-year
  • 8,170 breakdowns were recorded across the UK

Nicholas Lyes, Head of Roads Policy at the RAC, attributed this rise to last winter’s below average temperatures and heavy rainfall. Water entered cracks in the road, froze, expanded, and rapidly weakened the surface as traffic passed over it.

Why Do Potholes Form So Frequently

Potholes develop due to a combination of factors, including:

  • Freeze-thaw cycles
  • Heavy traffic and repeated water
  • Water damage
  • Ageing road surfaces
  • Poor construction or maintenance

Given Britain’s climate and traffic levels, the growing prevalence of potholes is sadly unsurprising.

Government Funding and the Maintenance Shortfall

The government pledged £5 billion for road and highway maintenance between 2020 and 2025. Additional annual funding is provided for pothole repairs outside London.

In the Spring Budget, Chancellor Jeremy Hunt announced an extra £200 million per year, increasing the total pothole repair fund to £700 million annually. Local authorities also receive funding through several maintenance schemes.

However, many experts argue this is still not enough.

£14 Billion Needed to Fix Britain's Roads

The Annual Local Authority Road Maintenance (ALARM) Survey, published by the Asphalt Industry Alliance (AIA), paints a concerning picture.

According to Mark Morrell of the AIA:

  • Local authorities receive only two-thirds of the funding needed to stop roads from deteriorating further
  • Clearing the existing backlog of carriageway repairs would require more than £14 billion

This funding gap means potholes continue to form faster than they can be repaired.

Why Potholes Are Especially Dangerous for Cyclists

Potholes present a serious hazard to cyclists, often causing riders to lose control and fall into live traffic.

The danger increases in wet weather. Rain fills potholes with water, making them difficult to spot and easy to mistake for shallow puddles.

Real Cases Highlight the Risk

In one real case, a cyclist believed he had ridden through a puddle but instead hit a deep pothole. The impact broke his bike frame and caused injury. He later made a successful claim against a local authority.

In a more tragic incident, a retired music teacher lost his life after his bike became trapped in a 23cm deep pothole in Wyre, Lancashire.

While fatalities are rare, even one is too many.

Accountability and the Need for Change

Our goal is not only to help injured cyclists secure compensation, but also highlight the urgent need for better road maintenance and safer infrastructure.

Responsibility lies with both central and local government to address what many describe as the woefully inadequate state of the UK’s roads and to protect vulnerable road users.

Speak to Our Cycling Accident Claims Specialists

The NJS Law Cycling Accident Claims team is sympathetic, understanding, and experienced in helping cyclists injured due to poor road conditions.

If you would like to discuss a pothole related cycling accident, we offer a freeno obligation consultation.

Contact us by phone or email today

We are here to help you achieve the outcome you deserve.

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Categories
Road Traffic Accident

Personal Injury as a Passenger – How to Make a Claim

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Few of us think about the trust we place in the driver of a vehicle we are travelling in. Whether it’s a taxi, bus, airport transfer, or a friend behind the wheel, we usually assume we’ll arrive safely. Unfortunately, statistics show that road traffic accidents (RTAs) are common, and passengers are often the victims.

Latest 2021 statistics show:

  • 25,892 people were seriously injured, and
  • 1,558 lost their lives in RTAs.
  • Most of these accidents involved motor vehicles, with 34 incidents involving buses and coaches.

If you suffer moderate to severe injuries as a passenger, you may be able to make a personal injury claim. This guide explains what you need to know. And, our Personal Injury Solicitors are always available to discuss your case directly.

How Do Road Traffic Accidents Happen?

RTAs can occur in seconds. Research shows that 38% of accidents happen because the driver failed to look properly. Other common causes include:

  • Failing to judge vehicle speed
  • Careless, reckless, or hurried driving
  • Poor turns or manoeuvres
  • Loss of control
  • Pedestrians not looking properly
  • Slippery road conditions
  • Driving too fast for the conditions
  • Excessive speed
  • Sudden braking

The Impact of Speed on Passenger Injuries

Even small increases in vehicle speed can significantly raise the risk of serious injury. Head-on, side, front, and rear impacts can all result in severe trauma to passengers, especially when they have no warning that a collision is imminent.

If you’re unsure whether you have a claim, visit our page on road traffic accident claims.

What Types of Injuries Do Car Accidents Cause?

Passenger injuries generally fall into two categories.

Impact Injuries

These occur when the force of a collision throws the body into parts of the vehicle. Even a 30 mph crash with a stationary object can cause:

  • Closed head injuries
  • Whiplash
  • Internal injuries or bleeding
  • Broken ribs and organ damage

Learn more about common injuries on our serious injury claims page.

Penetrating Injuries

These occur when an object pierces or cuts the body, often due to:

  • Shattered glass
  • Detached vehicle parts
  • Crushing or folding of the vehicle cabin

These may result in deep wounds, fractures, facial injuries, and in severe cases, amputations.

What Should I Do If I'm a Passenger Injured in a Car Accident?

If you suffer serious injuries, seek immediate medical assistance. After that, you or a family member should contact a Personal Injury Solicitor as soon as possible.

The Rehabilitation Code

Your solicitor may use the Rehabilitation Code, which encourages collaboration between both sides to ensure early access to treatment, physiotherapy, mental health support, and other essential rehabilitation services. 

Will I Have to Go to Court?

Most RTA passenger injury claims are settled without going to court. Liability is usually determined using:

  • Police reports
  • Medical evidence
  • Accident circumstances

Disputes often arise over the value of compensation, not fault. In such cases, your solicitor may arrange an expert medical report to assess long-term needs. You can read more on our compensation and damages page.

Conclusion

Being injured as a passenger can have life-changing effects – but legal support can help you secure the compensation needed for treatment, recovery, and future support.

Our specialist Personal Injury Solicitors have decades of experience representing injured passengers. We provide compassionate, expert guidance every step of the way.

CONTACT US

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Categories
Accident at Work

Claim For Work Accident: The Ultimate Guide

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Most of us take for granted that we will return home safely from work at the end of the day. Unfortunately, this is not always the case. According to Health and Safety Executive (HSE) figures for 2021/22, over 565,000 workers sustained an injury at work, and tragically, 135 workers lost their lives due to workplace accidents.

If you have been injured at work, claiming compensation is often essential. It can help cover lost earnings, household bills, and the cost of private medical treatment or rehabilitation to support your recovery. In this comprehensive guide, we explain how to make a workplace personal injury claim, what steps to take after an accident, and how an experienced Personal Injury Solicitor can significantly improve your chances of success.

Why Claim Compensation for a Workplace Injury?

A workplace injury can have serious physical, emotional, and financial consequences. Compensation can help to:

  • Replace lost income if you are unable to work
  • Fund private medical treatment or rehabilitation
  • Cover ongoing care and support costs
  • Provide financial security for you and your family

An experienced Workplace Injury Solicitor can assess your case, gather evidence, and pursue a claim against your employer where health and safety failures have occurred.

What Are the Most Common Types of Workplace Injuries?

Workplace injuries range from minor accidents to life-changing and catastrophic injuries. Below are some of the most common types of injuries at work.

Slips, Trips, and Falls at Work

Wet floors, uneven surfaces, poor lighting, and cluttered walkways can cause injuries such as sprains, fractures, back injuries, and head injuries.

Overexertion and Manual Handling Injuries

Often caused by repetitive movements or lifting heavy objects, particularly in manual labour roles. These injuries commonly include muscle strains, ligament damage, and hernias.

Injuries Caused by Falling Objects

Common in warehouses, construction sites, and agricultural settings. Without proper risk assessments, falling objects can cause concussions, crushed limbs, or severe brain injuries.

Machinery and Equipment Accidents

Operating heavy machinery can result in entanglement injuries, crush injuries, deep lacerations, or amputations where proper safeguards are not in place.

Being Hit by Moving Vehicles at Work

Forklifts, delivery vehicles, or site traffic can cause serious injuries, including broken bones, whiplash, and traumatic brain injuries.

Repetitive Strain Injury (RSI)

Frequently affects office workers and factory employees who perform repetitive movements over long periods, particularly keyboard and assembly-line work.

Burns and Scalds in the Workplace

Exposure to flames, hot surfaces, chemicals, or electricity can cause severe burns, long-term pain, scarring, and permanent disfigurement.

Noise-Induced Hearing Loss

Prolonged exposure to loud noise in industries such as construction, manufacturing, aviation, and agriculture can lead to permanent hearing damage.

What Should I Do After an Accident at Work?

Taking the correct steps following a workplace accident can greatly improve your chances of a successful compensation claim.

Seek Medical Attention Immediately

Your health is the priority. Medical treatment not only protects your wellbeing but also creates an official medical record linking to your injuries to the accident.

Report the Accident to Your Employer

Employers with ten or more employees must record workplace accidents and keep records for at least three years. Ensure the incident is properly logged and request a copy.

Gather Evidence of the Accident

If possible:

  • Take photographs of the accident scene and any hazards
  • Obtain witness contact details and statements
  • Write down exactly what happened while it is still fresh in your memory

Keep Records of Financial Losses

Maintain evidence of:

  • Medical and rehabilitation expenses
  • Travel costs for treatment
  • Lost earnings and reduced future income
  • Home or vehicle adaptations

These records will help your Solicitor accurately calculate your compensation.

Why Instruct a Workplace Injury Solicitor?

Choosing the right Personal Injury Solicitor can significantly impact your claim. An experienced Solicitor will:

  • Investigate employer negligence
  • Obtain medical and expert evidence
  • Handle negotiations with insurers
  • Represent you in court if necessary

Thy will also advise you on time limits. Under the Limitation act 1980, most workplace injury claims must be made within three years of the accident date. However, exceptions may apply, particularly where symptoms develop later.

Even if you believe you may be out of time, a Solicitor may be able to argue that the Court should exercise discretion and allow your claim to proceed.

How Are Legal Fees Paid in a Workplace Injury Claim?

Most workplace injury claims are funded through a No Win, No Fee agreement. This means:

  • You do not pay legal fees if your claim is unsuccessful
  • Fees are only payable if your claim succeeds
  • You may be responsible for certain disbursements, which will be explained clearly in advance.

Can My Employer Dismiss Me for Making a Claim?

No. It is unlawful for an employer to dismiss you for making a legitimate personal injury claim. If this occurs, you may also have a claim for unfair dismissal through the Employment Tribunal.

Employers are legally required to hold Employer’s Liability Insurance (minimum £5 million). This insurance covers compensation claims, meaning you are not putting your employer’s business or personal finances at risk.

Workplace Injury Claims - Final Thoughts

Making a claim for a workplace injury can feel overwhelming, especially when you are trying to recover physically and emotionally. However, with the support of an experienced Personal Injury Solicitor, you can focus on your health while your legal team handles the process for you.

Our team has decades of combined experience in workplace and personal injury claims.

NJS Law Personal Injury Specialists are compassionate, approachable, and committed to achieving the best possible outcome for you.

Free, No Obligation Consultation

If you have been injured at work and would like advice, please contact us today to arrange a free, no obligation consultation. We are available by phone or email and are here to help.

CONTACT US

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

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FAQ

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Categories
Personal Injury

A Comprehensive Guide to Personal Injury Claims

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Accidents happen, and unfortunately, they can result in injuries that have a significant impact on our lives. When someone else’s negligence causes harm, individuals have the right to seek compensation through personal injury claims. In this article, we will explore the key aspects of personal injury claims, including the legal process, types of claims, and important considerations for those seeking justice.

Understanding Personal Injury Claims

A personal injury claim is a legal process that allows individuals who have suffered injuries due to someone else’s negligence to seek financial compensation for their losses. These claims are designed to help victims recover physically, emotionally, and financially from their injuries.

Common Types of Personal Injury Claims

There are various types of personal injury claims that can arise from different circumstances. Some common examples include:

  • Road Traffic Accidents: These claims are related to injuries sustained in car accidents, motorcycle accidents, cycling accidents, or pedestrian accidents caused by the negligence of another party.
  • Workplace Accidents: When employees suffer injuries at work due to unsafe conditions, inadequate training, or faulty equipment, they may be eligible to make a personal injury claim against their employer.
  • Public & Occupier Liability Claims: These claims arise when injuries occur in public places such as parks, shopping centres, or sidewalks due to poor maintenance or negligence on the part of property owners.
  • Serious Injury Claims: Serious injuries, often referred to as catastrophic injuries are those that have a significant and long-term impact on the life of the injured person and their family. Such injuries can include brain and spinal cord injuries, as well as amputations, serious burns, serious medical injuries and fatal accidents.
If you have been injured due to someone else's fault protect your rights and pursue the injury compensation you deserve.
The Legal Process

1. Consultation with a Solicitor: To initiate a personal injury claim, it is desirable to consult with a specialist personal injury solicitor who can evaluate your case and guide you through the claiming compensation process.

2. Gathering Evidence: Your solicitor will help you gather evidence to support your claim, including medical records, accident reports, witness statements, and any other relevant documentation.

3. Letter of Claim: Once sufficient evidence has been gathered, your solicitor will draft a formal letter of claim to the party responsible for your injuries, outlining the details of the incident, the injuries sustained, and the financial losses incurred.

4. Negotiations and Settlement: The defendant’s insurance company will respond to the letter of claim. Negotiations may take place to reach a fair settlement amount that adequately compensates for your losses. If an agreement is reached, your claim will be settled without going to court.

5. Court Proceedings: In the event that a settlement cannot be reached, court proceedings may be initiated. Your solicitor will guide you through the litigation process, representing your interests and presenting your case to the court.

Important Considerations
  • Time Limits: There is a strict time limit for making personal injury claims. In most cases, you have three years from the date of the incident to file a claim. However, exceptions exist, such as claims involving children.
  • 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.
  • Compensation: The amount of compensation awarded varies depending on the severity of the injuries, financial losses incurred, and other factors. Compensation can cover medical expenses, loss of earnings, rehabilitation costs, pain, and suffering, among other damages.
Conclusion

Personal injury claims are designed to provide individuals with a legal route to seek compensation when they suffer injuries due to someone else’s negligence. By understanding the legal process, seeking professional advice victims can navigate the claims process more effectively.

If you have been injured due to someone else’s fault, consulting with a personal injury solicitor is crucial in order to protect your rights and pursue the injury compensation you deserve.

Our team has decades of combined experience in dealing with Injury Claims.

Our NJS Law Personal Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

CONTACT US

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

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FAQ

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Categories
Damp & Mould Disrepair

Takeaways from New Report into Damp and Mould in Social Housing

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On 28th June 2023, the Regulator of Social Housing (RSH) published a report on damp and mould in social housing. The report followed the tragic death of two-year-old Awaab Ishak in Rochdale, where prolonged exposure to damp and mould in his home was found to have contributed to his death.

The RSH report highlights the scale of the problem in the sector, how social housing providers are responding, and what improvements are needed to protect tenants.

Focus of the RSH Report

Following the Coroner’s report, the RSH asked all large registered social housing providers to submit evidence about damp and mould in their properties and how they are tackling it. Key findings from 386 responses include:

  • Most providers are aware of damp and mould and are taking steps to address it, but more could be done
  • A majority of tenants live in homes free from damp and mould, but where present, it can negatively affect health and wellbeing
  • Some landlords submitted poor-quality responses, raising concerns about their commitment to tackling the issue

The RSH estimates that:

  • Less than 0.2% of social homes have the most serious damp and mould problems
  • 1-2% have serious problems
  • 3-4% have notable damp and mould

Eight local authority landlords provided particularly poor responses, lacking up-to-date stock data, clear processes for addressing damp, and the ability to identify affected homes. These landlords are now engaging with the RSH.

Since the Coroner’s report, the RSH has received:

  • 12 self-referrals from landlords for potential breaches of the Home Standard
  • 38 referrals from other sources

The Home Standard sets expectations for social housing providers to deliver safe, high-quality homes and effective repair services.

Why Some Social Housing Providers Struggle

The social housing sector faces multiple challenges, including:

  • Insufficient staff
  • Budget cuts
  • Rising costs

However, the Better Social Housing Review (2022) highlighted that providers need to improve data use and performance management. Many tenants still face delays in repairs because:

  • Housing officers are over-stretched
  • Tenants are sometimes unfairly blamed for damp caused by everyday activities like drying clothes indoors
  • Providers do not always proactively collect or act on housing condition data

The review urged housing associations to ask difficult questions about the quality of homes and services provided, to ensure real progress.

Recommendations to Improve Damp and Mould Management

Key recommendations from the Better Social Housing Review include:

  1. Re-evaluate housing associations’ core purpose: providing safe, decent homes.
  2. Conduct a full audit of social housing stock
  3. Engage tenants, frontline staff, and contractors to review maintenance processes
  4. Recruit and retain housing officers to reduce “patch sizes”
  5. Empower tenants to lead investigations and reviews
  6. Increase engagement through community hubs
  7. Conduct annual progress reviews of the review’s recommendations

Alongside these recommendations, the sector is awaiting the Social Housing (Regulation) Bill 2022-23, which will strengthen regulatory powers and enforcement.

Protecting Your Rights as a Tenant

If you live in a social housing property affected by damp or mould, it is vital to contact a Housing Disrepair Solicitor immediately. They can assess your situation and take steps to compel your landlord to make your home safe and habitable.

How NJS Law Can Help with Damp and Mould Repairs

NJS Law is one of the few housing disrepair solicitors in England and Wales with a dedicated legal team experienced in social housing cases. We can help you:

  • Instruct a surveyor to assess your property and provide evidence
  • Legally ensure your housing association or council completes all necessary repairs
  • Claim compensation for the time your property has been in disrepair

We work on a No Win No Fee basis, assisting tenants nationwide to secure repairs and compensation. With decades of experience, our team is sympatheticunderstandingand supportive, guiding you every step of the way.

Contact NJS Law today to discuss your claim for damp and mould repairs.

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Categories
Housing Disrepair Claims

Housing Disrepair Claim vs Housing Ombudsman Complaint

The Impact Of Housing Disrepair On Older People

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When renting a property, tenants have certain rights that are protected by law. One of these rights is the right to live in a safe and well-maintained home. However, sometimes landlords fail to maintain their properties, leading to disrepair and potentially hazardous living conditions for tenants. In such cases, tenants have two options: they can make a housing disrepair claim and/or file a complaint with the Housing Ombudsman, after the landlord’s internal complaints process has been exhausted.

The tenants have the right to use both legal options.

In this article we are going to describe each option and why to pursue both.

What is a Housing Disrepair Claim?

A housing disrepair claim is a legal action that tenants can take against their landlords for failing to carry out necessary repairs to their rented property. To make a disrepair claim, tenants must demonstrate that the property is in need of repairs that are the responsibility of the landlord, and that the landlord has failed to address the issue.

Examples of disrepair can include structural issues such as damp, leaks, heating and or electrical issues…If a tenant can prove that their landlord has neglected these issues, they may be entitled to compensation for any damage or inconvenience caused.

To make a disrepair claim, tenants must first inform their landlord of the issue and allow a reasonable amount of time for the landlord to address the problem. If the landlord fails to respond or take action, tenants may then choose to pursue a disrepair claim.

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

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to get your home put right and to get you compensated!
What is a Housing Ombudsman Complaint?

The Housing Ombudsman is an independent body that investigates complaints made by tenants about their landlords. The ombudsman’s role is to resolve disputes between landlords and tenants, and to ensure that landlords are meeting their legal obligations to provide safe and well-maintained properties.

To file a complaint with the Housing Ombudsman, tenants must first exhaust their landlord’s internal complaints procedure. This means that tenants must submit a formal complaint to their landlord and allow a reasonable amount of time for the landlord to respond. If the landlord fails to resolve the issue, tenants can then escalate the complaint to the Housing Ombudsman.

The Housing Ombudsman has the power to investigate complaints and to make recommendations to landlords to resolve the issue. The Housing Ombudsman can award compensation. However, it may be lower than what you would receive by pursuing your landlord through legal action.

Enforcement action cannot be taken against your landlord if they fail to comply with the Ombudsman’s decision.

Which Option is Right for You?

Whether to pursue a housing disrepair claim or file a complaint with the Housing Ombudsman depends on the individual circumstances of each case. If a tenant is seeking compensation for damages or financial losses incurred as a result of disrepair, then a disrepair claim may be the best option.

On the other hand, if a tenant is primarily seeking to resolve the issue and ensure that their landlord is meeting their legal obligations, then a complaint to the Housing Ombudsman may be more appropriate. The Ombudsman will only award compensation if they find evidence of maladministration.

Conclusion

Tenants have the right to live in safe and well-maintained properties, and landlords have a legal obligation to ensure that their properties are properly maintained. When landlords fail to meet their obligations, tenants have options available to them, including making a housing disrepair claim and/or filing a complaint with the Housing Ombudsman.

Tenants can raise a complaint with the Housing Ombudsman and make a housing disrepair claim.

By taking action, tenants can ensure that their rights are protected, and that their living conditions are improved.

At NJS Law we are housing disrepair claim experts, assisting tenants nationwide on a NO WIN NO FEE basis to compel their council or Housing Association 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.

Contact us today to discuss your claim.

 

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FAQ

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Categories
Cosmetic Negligence

Collecting Relevant Evidence Is The Foundation Of A Strong Cosmetic Negligence Claim

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Cosmetic surgical procedures, both invasive and non-invasive, are popular among people of all ages. They can boost confidence and improve overall well-being.

However, even in expert hands, cosmetic procedures can go wrong. Unfortunately, there are practitioners in the market who may lack the proper qualifications or experience. It’s essential to verify a practitioner’s credentials, insurance, and professional background before undergoing any procedure.

If a cosmetic procedure has gone wrong, gathering  strong evidence is key to building a successful cosmetic negligence claim. Here’s how to collect the evidence you need.

Step 1 - Document Everything

From the moment you suspect something has gone wrong with your cosmetic procedure, start recording every detail.

  • Keep a written record of all communication with the practitioner, including emails, text messages, and phone calls.
  • Note the dates, times, and details of conversations.

These records can serve as crucial evidence to support your claim.

Step 2 - Preserve Medical Records

Medical records are vital in any cosmetic negligence case.

  • They document the treatment you received, any complications, and whether standard procedures were followed.
  • Request copies of all medical reports, test results, and treatment plans from your clinic or hospital.

Step 3 - Take Photographs

Photographs are powerful evidence in cosmetic negligence claims.

  • Take clear, detailed photos of your appearance before the procedure
  • Take follow-up photos showing any complications, injuries, or unsatisfactory outcomes.
  • Include timestamps whenever possible to create a timeline of your recovery or complications.

Step 4 - Keep Financial Records

Tracking expenses helps demonstrate the impact of the negligence.

  • Keep receipts for medical bills, corrective procedures, prescription medications, and any related costs.
  • Document lost earnings or other financial losses resulting from your injuries.

These records help quantify the harm caused and strengthen your compensation claim.

Why Collecting Evidence Matters

Collecting detailed evidence forms the backbone of any strong cosmetic negligence claim.

It:

  • Shows the extent of harm caused
  • Links the practitioner’s negligence to your injuries
  • Supports a persuasive case for compensation

By following these steps and seeking professional advice, you increase your chances of obtaining justice and financial compensation.

How NJS Law Can Help

If a mistake was made during your cosmetic surgery treatment, our team can help.

  • We have decades of combined experience handling Cosmetic Negligence Claims.
  • Our specialists are sympathetic, understanding, and committed to achieving the best possible outcome for you.
  • We typically work on a No Win No Fee basis and will explain what this means when you speak to us.

Contact Us for a Free Consultation

Call us today on 01625 667263 or email to arrange a freeno obligation consultation with our experienced cosmetic negligence team.

We are here to guide you through every step of your claim and help you secure the justice and compensation you deserve.

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.