Watch out for companies promising compensation for disrepair
Ensuring every Lewisham resident has a safe and decent home is one of the Council’s core priorities. Following the transfer of staff and services from Lewisham Homes last year, we now have responsibility for services like repairs in more than 13,500 social rent homes across the borough. We are aware that the repairs service does not always meet our residents’ needs, and too often people face delays and recurring problems. Improving the service is a top priority, and a key element of our self-referral to the Regulator of Social Housing.
If you are concerned about disrepair in your home and our repairs service hasn’t dealt with it in a reasonable timeframe, we would ask that you follow our complaints process before pursuing legal action. We are legally obliged to investigate and respond to complaints within strict time limits and will offer compensation where appropriate. Residents can also refer their complaint to the Housing Ombudsman who has powers to order compensation payments.
We know that residents don’t take legal action lightly and are only driven to take that step after being frustrated with our services. But the cost of legal fees significantly impacts our budget and reduces our capacity to invest in our repairs service, and is rarely the best option for residents.
‘No win, no fee’ solicitors
You might have heard the term 'claim farmers' which refers to people or companies who seek out potential claimants on behalf of solicitor firms who offer ‘no win, no fee’ legal action on behalf of residents. These claim farmers often approach residents through door-to-door visits, cold calling, leaflets and social media. They encourage residents to file legal action against landlords or councils for issues relating to disrepair. Reports from around the country suggest that claim farmers sometimes say that they are conducting surveys on behalf of the Council itself to gain the trust of residents.
While they often promise no upfront costs (‘no win, no fee’), they take a significant percentage of any compensation awarded to the residents. This substantially reduces the amount of compensation residents receive in successful cases. In contrast, our complaints process and the Housing Ombudsman are free to the resident, and any compensation goes directly to the resident.
When you enter a ‘no win, no fee’ contract with a solicitor, you may also be locked in until the case goes to court – if you change your mind, you could be liable for legal fees accrued up to that point.
Claims farmers may also encourage residents to exaggerate the extent of the disrepair or the impact it has had on their lives. This can lead to inflated claims, which can backfire if the case goes to court and the exaggeration is exposed. In a recent case against York City Council, the resident was unsuccessful and was ordered to pay court costs of over £10,000.
If you are dissatisfied with our repairs service, please consider making an official complaint or approaching the Housing Ombudsman before pursuing legal action.