Warning over damp homes legal advice
COMPANIES are targeting Kirklees residents in a bid to get them to take legal action against the council for damp problems.
But this could leave the residents many thousands of pounds out of pocket if the action fails or is discontinued.
Kirklees Council has revealed that many tenants are being targeted by companies promising them the chance to gain compensation for damp conditions caused by supposed disrepair.
The council says these claims are almost always unsuccessful and can leave the person having to pay significant legal fees.
Very recently two council tenants have received bills for thousands of pounds, after bringing claims against Kirklees Council for disrepair which they later withdrew.
The council says it works closely with Kirklees Neighbourhood Housing to ensure that all council properties meet the required standards of repair.
A council spokeswoman said these schemes usually start with a company posting leaflets through the doors of all houses in an area, or promoting the chance to claim compensation through social media. These companies are often from outside the local area.
The next stage sees a ‘surveyor’ turn up with an electronic moisture meter which he uses on wall plaster and announces the property is damp.
The ‘surveyor’ sells the tenant’s details to a firm of solicitors who write to Kirklees Council to say the tenant has a claim and to ask for compensation.
The council says the claims are usually exaggerated and this is because if the value of the claim is above that heard in the small claims court it is financially beneficial to the solicitor.
Once a claim is issued at the county court the council has to get its own surveyor’s report and pay for a legal team to defend the claims. If a tenant withdraws their claim or the court rules that they have no case, the tenant can become liable for these costs.
Clr Naheed Mather, Cabinet member for housing, said: “The council takes our responsibility for the upkeep and maintenance of our properties very seriously and are proud of our repair record.
“If your council property needs to be repaired get in touch and we will send someone out to you. If you are unhappy with our response we have a comprehensive complaints procedure which includes an independent panel and the opportunity to take your complaint to the Housing Ombudsman Service.
“Only after all possible avenues to resolving a problem have been exhausted should anyone require legal representation.
“I would urge anyone who is contacted by one of these companies to consider it very carefully. They may be promising thousands of pounds of compensation, but you could find yourself thousands of pounds worse off.”