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Sue housing association for negligence

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Reviewed By: John Black

John is Claim's Bibles lead content writer and is passionate about helping people claim the compensation they deserve if they have been mis sold or mislead.

Last Updated on 15th May 2024 by John Black

Home E Housing Disrepair Claims E Sue housing association for negligence

Whether you rent or own property in the UK, there’s a chance that the building will be managed by a housing association. This body is responsible for the general upkeep and maintenance of the building itself, ensuring that the structure is sound and that the residents live in a hospitable environment. Unfortunately, there are instances where the housing association might fail in its duties, leading to potential harm or loss. If you have experienced negligence from a housing association, then Claims Bible is here to help you sue for compensation. We make the process as simple for you as possible so that you have a clear route to getting the compensation you’re entitled to.

Can I sue the housing association for negligence?

As housing associations are legally responsible for maintaining buildings, they are also vulnerable to legal action if they fail their duties. To successfully sue for negligence, you will have to demonstrate that the housing association has not met its duties, resulting in harm or damage to you or the building. A large part of this is establishing that there was a duty of care owed to you, that duty was breached, and you suffered as a direct consequence of that breach. At Claims Bible, we will look at the specific merits of your case to let you know your chances of a successful claim.

What constitutes negligence from the housing association?

Negligence by a housing association can manifest in several ways, such as failing to carry out necessary repairs, poor maintenance of common areas, or not addressing safety hazards. Every case of negligence is unique and requires an in-depth understanding of the duty of care and responsibilities external link icon light blue of the housing association. Some of the most common examples of negligence from a housing association include:

  • Poor handling of asbestos and other hazardous materials.
  • Inadequate fire safety measures.
  • Structural defects that were not addressed promptly.
  • Mould and damp issues that affect health.

What are the housing associations’ responsibilities?

Housing associations in the UK have broad responsibilities to their tenants and leaseholders. This means that there is significant scope for housing associations to fail their duty, which could result in a lawsuit. These responsibilities include things like ensuring that the structural integrity of the building is sound and in good repair, including drains and guttering. The housing association is also responsible for maintaining utilities like water, gas, electricity and sanitation services. Depending on the building, they may also be responsible for managing common areas.

What is the process for making a claim against the housing association?

If you believe that your housing association has failed you, then making a claim against them for negligence is the right step forward. At Claims Bible, we can help you initiate a claim by taking you through a step-by-step process that makes things much easier. Here’s how it works:

Securing evidence

Your claim will require evidence to support any of the claims being made against the housing association. This might include correspondence between you and the housing association, photographs of damage or medical records to show poor health as a result of building negligence.

Legal guidance

Our legal partners at Claims Bible will work with you to build your case and guide you through the claims process. These legal professionals understand the specific nature of these cases and will know the best path forward for a successful claim.

Filing a complaint

Next, your legal team will likely file a complaint about your housing association to establish the case. This will involve sending a complaint outlining the problems you’ve experienced to the Housing Ombudsman external link icon light blue.

Negotiations

One possible route that your claim may take is through negotiations with the housing association. This could be useful as it avoids lengthy court action and gives the housing association a chance to provide you with a suitable settlement.

Legal action

If the settlement offered is insufficient, then we will proceed to the courts where we will make your case. A judge or arbitration panel will ultimately decide the verdict of the case, as well as the amount of compensation you receive.

What evidence do I need to bring a claim?

Effective evidence is key in negligence claims. Collecting as much documentation as possible can help support the claims being made, which bolsters the success of your case. For negligence claims against housing associations, common evidence includes correspondence between you and the housing association as well as videos or photos of the issue in question. If the case has impacted your health, then medical records can be used to show the extent of the problems. Expert opinions from surveyors may also be useful if the building is facing structural issues.

What are the time limits for making a housing association claim?

In the UK, the limitation period for negligence claims is generally six years external link icon light blue from the date when the incident occurred or from the date you first became aware of the problem. It’s therefore important to begin the claim process within this time frame to avoid being barred from seeking compensation.

How much compensation can I get from the housing association?

Compensation in negligence cases varies greatly depending on the specifics of the case. Factors influencing the amount include the severity of the damage or injury that resulted from the negligence, as well as any financial losses incurred. If you have experienced emotional distress or had to pay for medical treatment due to the issues, then your compensation could increase.

How long do claims against the housing association take?

The duration of a negligence claim against a housing association can vary. Simple cases might settle within a few months, whereas complex cases involving serious injuries or major disrepair might take several years. Our team at Claims Bible will ensure that your case is handled as efficiently as possible so that you won’t have to wait too long for the compensation you’re entitled to.
Working with Claims Bible means that you get the best legal experts fighting your corner to get the compensation you deserve. Start your claim today and check your eligibility in 5 minutes with our simple claims form.

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