Do I Need Written Proof to Make a Housing Disrepair Claim?
One of the most common questions I hear is whether it’s possible to pursue a claim without written proof, such as written complaints or formal notices to the landlord.
The Short Answer:
While having written evidence like emails, letters, or repair requests can strengthen your case, it is not strictly required for you to make a housing disrepair claim. You can still pursue your claim based on your word and other evidence, but it may be more challenging without written proof.
What Other Evidence Can Help?
Even without written proof, there are other ways to build your case:
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Witness Statements
If others (such as neighbours or family members) have witnessed the disrepair or the damage in your home, their statements can be helpful. -
Photos and Videos
Photos can be just as valuable as written evidence. Be sure to take clear, time-stamped images that show the extent of the disrepair. A video tour of the property highlighting specific issues will also support your case. -
Medical Reports
If the disrepair has caused health problems such as respiratory issues due to damp or mould medical records or reports from your GP can provide supporting evidence. -
Council Inspections
In some cases, local councils may carry out inspections of the property and issue reports regarding its condition. These can be extremely valuable in demonstrating that the property is unfit for living.
How to Proceed with Your Housing Disrepair Claim Without Written Proof
If you’re lacking written documentation, you can still pursue a claim, but it’s important to act carefully:
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Document the Disrepair:
As soon as you notice the disrepair, start documenting the issues. Take photographs, note the dates, and keep a log of any conversations or repairs attempted. -
Contact Your Landlord:
Even if you don’t have written proof initially, you should still reach out to your landlord and inform them of the disrepair. Make sure to document your attempts to contact them, even if it’s through informal means like text messages or phone calls. -
Seek Legal Advice:
If the issues are not being resolved, it’s advisable to consult with a housing disrepair claims solicitor. Even without written proof, a solicitor will be able to advise you on the best course of action. They can help you gather other forms of evidence, such as witness statements and medical reports. -
Consider Alternative Dispute Resolution (ADR):
Before pursuing court action, it’s worth considering ADR methods, such as mediation, to settle the issue. If this fails, the next step may be to take the claim to court. -
Prepare for Court:
If the matter goes to court, the judge will assess all the evidence presented. While the absence of written proof may make it more difficult, your testimony, along with other forms of evidence, will still be taken into account.
Final Thoughts
While written proof is incredibly helpful when making a housing disrepair claim, it’s not a strict requirement. If you’re experiencing significant disrepair issues in your rented home, you still have legal rights and options to seek compensation and demand that your landlord make the necessary repairs. It’s essential to gather as much evidence as you can, even if it’s not written, and seek expert legal advice to guide you through the process.
If you are dealing with a housing disrepair issue and need help making a claim, get in touch with a solicitor who specialises in housing law. With their expertise, you can navigate the process and secure the compensation and repairs you deserve.