Litigation Funding for Housing Disrepair Claims
Litigation funding plays a vital role in housing disrepair claims, ensuring tenants’ rights and living standards are upheld.
Housing disrepair claims are on the rise. Over just two years, claims against social landlords increased by 132%1, highlighting the widespread issue of substandard rental properties in England.
What are Housing Disrepair Claims?
A 2022 report by the English Housing Survey2 revealed the poor state of the country’s rental sector, with 23% of private rentals and 10% of social housing failing to meet the decent homes standard.
Housing disrepair claims involve legal action taken by tenants against landlords or housing authorities due to neglected maintenance or substandard living conditions in their rented accommodation. Common disrepair issues include dampness, mould, faulty heating, and structural defects, all of which can negatively impact tenants’ health and well-being.
Legislative Changes and Tenant Rights
Recent legislative changes have significantly strengthened tenants’ rights to demand safe and healthy living conditions. Notably, the Homes (Fitness for Human Habitation) Act 2018, which came into full force in England in March 2020, placed a legal obligation on landlords to ensure habitable properties. Before this act, landlords had no such legal duty. Now, specific standards apply, and landlords face legal consequences for failing to meet them.
These changes represent a significant step forward in protecting tenant rights and ensuring landlord accountability for property maintenance, aiming to promote healthier and safer living environments for tenants across England and Wales.
Legal Proceedings
Disrepair claims typically involve a formal notice to the landlord detailing the issues and requesting remedial action. If the landlord fails to address the issues within a reasonable timeframe, the tenant may escalate the matter by seeking legal advice and potentially pursuing court action.
A successful claim can result in various outcomes, including the enforcement of necessary repairs to the property, financial compensation for damages suffered and compensation for inconvenience caused by the disrepair.
Ultimately, the goal of housing disrepair claims is to ensure that tenants can live in safe, habitable conditions as required by law.
Case Studies
The prevalence of housing disrepair claims is highlighted by media reports and recent statistics. For instance, Lambeth London Borough Council revealed a 600%3 increase in disrepair claims over just four years, with an average of £3 million paid out annually in damages.
Furthermore, a 2022 report by Inside Housing uncovered that 70 English councils experienced around 17,000 disrepair claims in just five years. This resulted in a staggering £55.1 million in payouts to tenants.
These examples illustrate the widespread nature of housing disrepair issues and the significant financial impact on landlords and housing authorities.
How Litigation Funding Works
Prior to 2013, legal aid was available for disrepair claims. However, legal aid for these cases was axed, making litigation funding a crucial source of support for tenants.
Litigation funding provides a means for tenants to access legal representation without the burden of upfront legal costs. By partnering with a litigation funder, tenants can mitigate the financial risks of pursuing legal action against their landlords.
In essence, litigation funding levels the playing field for tenants, allowing them to hold landlords accountable for maintaining safe and habitable living conditions. It ensures that tenants can enforce their rights and seek redress for housing disrepair issues without facing financial barriers.
Fenchurch Legal has been funding housing disrepair cases since 2020 and works closely with some of the leading housing disrepair claims lawyers in the UK, renowned for their expertise and proven track record in handling such cases.
Investing in Housing Disrepair Litigation Claims
Housing disrepair litigation claims present a mature and predictable asset class for investors. The prevalence of substandard housing, coupled with strengthened tenant rights, suggests a consistent pipeline of potential claims. This predictability benefits both litigation funders and investors alike.
Investors benefit from a comprehensive insight into potential returns, backed by historical data on claim volumes and payouts. This transparency establishes a stable and dependable investment opportunity within the litigation funding sector.
Conclusion
To summarise, litigation funding bridges the financial gap for tenants seeking to enforce their right to safe and habitable living conditions. By leveraging these resources, tenants are empowered to assert their rights and hold landlords accountable for upholding their legal obligations to maintain habitable living environments.
For more information on our funding solutions or litigation funding investment opportunities, please contact us.
Sources
1. https://www.insidehousing.co.uk/news/large-councils-disrepair-cases-up-1584-in-five-years-83281
2. https://www.gov.uk/government/statistics/english-housing-survey-2021-to-2022-headline-report/english-housing-survey-2021-to-2022-headline-report
3. https://www.insidehousing.co.uk/news/council-makes-disrepair-action-plan-after-claims-increase-by-600-73295
