The core business of any local authority or housing association is the provision of quality affordable housing to those in need. Not all housing however is of the standard or condition clients want. Fault may lie with the landlord or with the tenant, or possibly both. Nonetheless, solutions are required in the event of claims being made.
We represent most major housing associations and a number of local authorities in respect of all disrepair matters you will meet on a day-to-day basis. Our caseload includes:
In relation to disrepair claims, our team use a bespoke "VisualFiles" system which allows us to monitor the progress of each and every case whilst at the same time allowing you and your officers access to an extranet site whereby you can monitor progress and costs. Our aim is to ensure, where possible, all disrepair claims are dealt with during the pre-action protocol period, thus bringing them to a speedy conclusion and limiting costs. We will advise on the issue of "tolerated trespasser" and the impact of any counterclaim or set-off.
Where liability is found, we advise as to quantum and seek an authority to negotiate an immediate settlement.
Within the scope of that permission, we will then proceed to negotiate and bring the matter to a speedy conclusion, ensuring that any outstanding rent or contra-charge due from your tenant is set off against damages that might be due and payable. By adopting this approach, we find litigation is kept to a minimum, legal costs reduced and the relationship between you and your tenant made good as soon as possible.
Where Section 82 prosecutions are concerned, we manage many hundreds of cases throughout the region. Our aim is to ensure, where possible, proceedings are not issued by assessing at an early stage whether a statutory nuisance exists or not. If it does, we seek to negotiate additional time to allow you to undertake necessary works. If no nuisance exists, your tenant's advisors are notified and any proceedings issued are defended. Our approach is to be robust but fair so that the statutory mechanism is not used by individuals seeking to "jump" the improvements/repairs queue. We have a list of specialist Counsel and Environmental Health Officers to be used as and when required who are all "tried and tested".
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