We’re aware that some of our tenants are being approached by Claims Management Companies about making a claim against us for disrepair.
These companies are not what they seem. They may not give you all the information you need before you agree to work with them, and they could put you at serious financial risk.
As your landlord, we both have joint responsibility to look after you and your home. We want to protect you from these companies and explain the factors and risks you need to consider if you’re thinking of making a claim.
If you are dissatisfied about the repairs service you have received, before making a claim we would encourage you to contact us to discuss your concerns or make a formal complaint so we can investigate and resolve the issues more quickly.
What is disrepair?
If we don’t meet our obligations to keep your home in repair – including completing repairs we’re responsible for in reasonable time, and keeping installations for sanitation, electricity, gas and water supplies in working order – your home could be said to be in disrepair.
What are Claims Management Companies?
They are companies that target tenants, particularly tenants of social housing landlords, with marketing tactics to encourage you to make a claim for disrepair, even if you don’t have a genuine claim. They then sell your claim to Solicitors who act as intermediaries between you and your landlord (in this case, us), and represent you and handle the claim on your behalf, for a cost.
Any agreement with these companies can put you at significant financial risk.
What are the risks involved?
These companies will usually tell you that they operate on a “no win, no fee” basis. But there are examples of where tenants have faced thousands of pounds of debt as a result of signing up to their agreements.
They usually also charge a fixed lump sum up front to take out an insurance policy to cover the cost of your claim. This lump sum can be a significant amount. Any potential compensation you receive from a claim may reduce to cover solicitor fees or legal costs (ours and yours, if the claim is unsuccessful).
Fees if you change your mind
When you have put forward a claim and signed documentation from a solicitor, they usually will not allow you to stop the claim if you change your mind. If you want to stop the process, you may be liable for fees for any surveys of your home, or the fixed premium for any insurance policy you’re advised to take out.
These companies may not explain that if your case goes to court and is dismissed, you could be ordered to pay our legal costs, which could be thousands of pounds.
It takes a long time to resolve
Some claims can take years to resolve, and you may have to appear in court to give evidence as part of the process, which can be distressing.
You could be in breach of your tenancy agreement
During this time, some companies acting on your behalf will advise you not to allow access to us to visit your home to do any repairs. This will put you in breach of your tenancy agreement with us.
As your landlord, it’s our responsibility to ensure your home is safe and kept in repair, so we’ll attempt to visit your home anyway having given you notice of our visit. If there’s a health and safety risk, we may request a court injunction to gain urgent access to do the work.
It affects other services we provide.
Defending disrepair cases is extremely expensive for us. Any money we spend on these claims takes away from funding and resources for repairs, planned investment and essential support services. This can have a detrimental impact on our local communities
What happens if I make a claim?
We’ll arrange for a surveyor to carry out a survey in your home.
During the survey, they’ll make a note of any repairs your home needs, and check if we need to charge you for any damage.
If the survey identifies repairs that are our responsibility, we’ll arrange to visit your home and do the work.
We’ll also check our records to see whether you have reported any of the repairs to us before, in line with your tenancy agreement. We’ll rigorously defend any dishonest or bogus claims.
We’re here to help
It’s really important to us that you’re happy with the services we provide for you. We’ll do everything we can to support you and look after your home, so that you don’t end up feeling like you have to make a claim against us. But if you are unhappy with any part of our repairs service, please get in touch.
To find out more about our commitment to keeping your home safe and well-maintained, read about our repairs service.