Unfortunately, no. Part of the remedy being sought from a court is an order compelling the landlord to carry out work on the property. If you are no longer a tenant at the property, this is not something that you are entitled to seek.
If your landlord has already carried out the repairs, then you cannot make a claim. However, where repairs have only started, but are yet to be completed, we may still assist you. You must notify us immediately so that we can instruct a surveyor to attend the property to provide us with a breakdown of the cost to remedy the remaining disrepair.
If you are in existing arrears with your rent, we will need to carefully consider the extent of your arrears and whether it is beneficial for you to bring a claim against your landlord given the likelihood that your landlord will bring a what is called a ‘counterclaim’ against you for payment of the rent arrears you owe. This is because the court is likely to set-off any arrears you owe to your landlord against any damages that you are awarded for distress arising as a result of living with the disrepair. During your claim you must continue to pay your rent as this forms part of your obligations under the tenancy agreement. If you stop paying your rent, then you are in breach of your tenancy agreement and your landlord can bring proceedings against you for rent arrears, possibly even eviction.
It very much depends on how cooperative your landlord is. If your case is dealt with by your landlord without normal court proceedings, it could take only 6-9 months following your landlord being notified of your claim. However, if court proceedings are required and your landlord defends your claim to a final hearing, then the claims procedure could take between 18-24 months to resolve.
It is very difficult to give an estimate in these cases. Much depends on the extent of the disrepair and the time that the disrepair has been ongoing following it being reported to your landlord. However, to allow us to take your case forward, the value of any claim brought by you must exceed £1,000.
We will work for you under a ‘conditional fee agreement’, more commonly known as a ‘No win - no fee’ agreement. This means we will work on your claim and if it is unsuccessful and you have followed our advice, you will pay us nothing. If your claim is successful and we win compensation for you, then our fees are payable by you but these will be sought by us from the Defendant, on your behalf. Any success fee that we deduct from your compensation is capped at a maximum of 25% +VAT of the amount of compensation you are awarded.
There are alternative ways to fund your claim, e.g. if you have legal expense insurance this may cover the legal costs. We will also explore with you whether there are any suitable alternatives before the loan facility is considered. If there are no suitable ways of funding the claim a funding loan will allow us to access funds on your behalf to pay for disbursements which will enable us to pursue your claim. There are no monthly repayments and the loan is recovered from the defendant if your claim is successful, except for the admin fees which are capped at £180. The credit check will not have any impact on your credit rating as it leaves no trace on your credit file.
For us to process your claim you must not have an IVA or have a live application for Bankruptcy. If you have been declared bankrupt previously you need to take an ‘assignment of the cause of action’ from your trustee in bankruptcy, which will transfer the right back to you. This needs to be obtained prior to the cases being presented to Pure.
Unfortunately, we can’t accept cases where you have an outstanding CCJ. This is because you will not pass the approved funders credit check and also, the terms of the CCJ will usually say that any compensation funds will need to go towards satisfying the CCJ and so you will not receive any compensation.
If we close your file because we no longer feel there are good chances of getting you compensation, you will not be charged for the work we have done, as per the ‘No win - no fee’ agreement. If you decide to close your file against our advice, you may be charged for the work we have carried out as we are left in a position where we cannot recover our costs from the responsible party.
An After the Event ‘ATE’ policy is an insurance policy that is taken out in order to protect you should you be ordered to pay any adverse costs that your landlord incurs in defending your claim. Even though we will only take on your claim if we feel there are very good prospects of us being successful, we can never be 100% certain of the outcome. The ATE policy will ensure that you are protected from any adverse costs that you may be ordered to pay should your claim be unsuccessful.
This, along with our ‘No win no fee’ agreement, will give you total costs protection if the claim is unsuccessful, provided you are honest with us at all times. We will always discuss the ATE with you prior to taking it out on your behalf in order to discuss the costs etc.
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