Our housing disrepair claims are made on a no win no fee basis. This means that you only pay our legal fees if your claim is successful. Otherwise, you do not have to pay us a penny.
No win no fee housing disrepair solicitors
If your housing association or council is refusing to carry out repairs, meaning your rental property is unfit for habitation or has caused you harm, contact us at Ashmans Solicitors. We offer a free assessment of your claim.
Will I have to pay for a housing disrepair claim?
You might be tempted by the idea of making a housing disrepair claim, but you probably have a few concerns, chief of which might be the cost. This is perfectly understandable. Not many people have the money to pay for a solicitor to represent them on a privately funded basis. However, you need not worry. Lots of housing disrepair solicitors (including us here at Ashmans Solicitors) offer what is known as a ‘no win no fee’ agreement.
What is a no win no fee agreement?
A no win no fee agreement is also known as a Conditional Fee Agreement (CFA). It is a contract between you and your solicitor. It states that you, as the client, will not have to pay any legal fees unless your claim is successful. By successful, we mean that your claim settles in your favour, resulting in you receiving a suitable sum of compensation for your damages. If you lose, you do not pay your solicitor’s legal fees.
No win no fee – what happens if my claim succeeds?
Under a no win no fee agreement, your solicitor only gets paid if your claim is successful. However, you do not have to pay anything upfront. Instead, what happens is that your claim is settled for a certain amount of compensation. Your solicitor will then deduct their fees – which is known as a ‘success fee’ – from the final amount. You receive the remainder of the compensation settlement.
Your solicitor will tell you how much they will deduct in the event that your claim is successful. You will be told this at the start of your claim and the agreement cannot change once the contract is signed. Success fees are typically capped to ensure that the claimant receives the majority of their damages. For example, the success fee for personal injury claims is capped by statute at a maximum of 25% of the final settlement.
No win no fee – what happens if I lose?
If you lose your housing disrepair claim, then you do not have to pay your solicitor’s legal fees. That is the risk that your solicitor takes: they invest time in your case, and if it does not prove to be successful, then they take the hit. Most solicitors will have an insurance policy that will cover any other costs that are due, should they fail to win your claim.
Assessment of your housing disrepair claim
Because of this risk, our housing disrepair solicitors always carry out an assessment before agreeing to take on a case. This is free of charge. We want to be sure that your claim stands a reasonable chance of success before committing to the legal process. This means that if we choose to take your claim on, you can rest assured that we think you will probably win.
Get a free assessment of your housing disrepair claim today. Call us on 0333 009 6275. You can also email us on firstname.lastname@example.org or complete our Free Online Enquiry Form and we’ll be in touch soon.
Who can get a no win no fee agreement?
All adults with mental capacity are entitled to enter into a no win no fee agreement. That is the beauty of Conditional Fee Agreements – they ensure that everyone has access to justice, no matter what their financial standing. No win no fee agreements were traditionally used for personal injury claims, but have recently become used in other areas of law too, such as housing disrepair claims.
Is no win no fee the same as Legal Aid?
No win no fee agreements are not the same thing as Legal Aid.
Legal Aid is a scheme funded by the government that helps people with the cost of legal advice and representation. Only people who cannot afford a lawyer are eligible to Legal Aid. Also, under the Legal Aid scheme, you may have to pay for some of your costs upfront or at the end of your case. The Legal Aid scheme has been subject to significant cutbacks in recent years, although it is still available for those whose rental property is in serious disrepair.
No win no fee agreements are contracts entered into between a lawyer and their client. They are offered to all adults with mental capacity who have certain types of civil claim – such as a housing disrepair claim or personal injury claim. There are no upfront costs. Your legal fees are recovered from your compensation if you win your case. If you lose, then you do not pay anything.
At Ashmans Solicitors, we participate in the Legal Aid scheme, which may be available to clients on low (or no) income. We also offer no win no fee agreements, meaning we have a range of funding options available.
What if I get legal cover through my insurance?
Another funding option is legal expenses insurance (LEI). This is sometimes added on to an insurance policy, and you might not even realise you have it. If you have insurance, it is worth checking the terms and conditions to see if you have legal expenses coverage. You can ask us to take a look if you are not sure.
Will I have to pay for the repairs?
You can only make a housing disrepair claim if your rental property is in a poor state of repair, and these repairs fall under your housing association’s (or council’s) scope of responsibilities. Assuming that your housing association/council is responsible, you will not have to bear the cost of the repairs. By making a claim, you can ask the court to order your housing association/council to repair the issue. If your housing association/council fails to take any action, enforcement proceedings can be started against them.
If you have already paid for the repair from your own pocket, even though your housing association/council should have paid, then we can help you recover the money as part of your compensation settlement. You must not withhold rent in lieu of the repair costs, as this will mean that you have breached the terms of your tenancy. Your housing association/council would then have grounds to evict you. Continue to pay your rent and allow us to recover compensation on your behalf instead.
How do I start a no win no fee housing disrepair claim?
If you have told your housing association/council about a disrepair, but the issue has not been fixed in a reasonable amount of time, then you could have grounds to make a housing disrepair claim. This allows you to recover compensation for your damages, including damages to your personal property, health and the inconvenience you have been caused.
The first step towards claiming compensation is to contact us for a free assessment. We will take a look at your case and determine whether you have grounds for a claim. If you do, we will talk to you about the various funding options available. As discussed above, this includes no win no fee agreements and Legal Aid. We can advise which is the best option for you.
If you would like to proceed, we will ask you to sign a Conditional Fee Agreement, or we will apply for Legal Aid on your behalf, depending on which route you take. If we enter into a no win no fee agreement, there is a 14 day ‘cooling off’ period once you have signed the contract. This means you have two weeks to change your mind without incurring any costs.
Contact us now for a free assessment
For a free claim assessment, call us on 0333 009 6275. We are available to take your call 24 hours a day, 7 days a week.