Lewisham Council Not Fixing Your Repairs? Get Them Done And Claim Compensation

If you rent your home from Lewisham Council and it has serious issues (like damp/mould, leaks, heating, electrics, or structural problems) that you've reported and that haven't been put right, you may be able to make a housing disrepair claim.

As a social landlord, Lewisham Council has legal duties to keep key parts of the property in repair and to make sure the home is fit to live in.

Yes. We act for council and housing association tenants across England and Wales, not just Lewisham Council tenants. The one group we are unable to help is tenants of private landlords.

No. A housing disrepair claim is a legal claim and is separate from Lewisham Council's internal complaints procedure and the Housing Ombudsman. You do need to have reported the disrepair and given Lewisham Council a reasonable chance to fix it, but you don't need to have completed every stage of their complaints process before instructing a solicitor.

If you've already been through their complaints process, keep any letters, emails or reference numbers. They are useful evidence of when you reported the problem and how long it has gone unresolved.

Yes, your landlord needs to be told about the problem (and given a reasonable chance to fix it) before you can take formal action. This is why it's important to report repairs and keep proof of when you did.

No, we handle all our housing disrepair claims on a no win, no fee basis, so you don't pay anything upfront.

What Is It?

A "no win, no fee" arrangement is a label often used for a Conditional Fee Agreement (CFA). It is designed to help people pursue a claim without paying upfront legal fees, making legal action more affordable and reducing financial risk if the claim does not succeed.

If You Win:

1. Basic Legal Costs

If your claim succeeds, we will usually seek to recover our basic legal costs and certain expenses from your landlord.

2. Success Fee

Under a Conditional Fee Agreement, a success fee is an additional fee payable if you win. We will explain exactly how it is calculated, whether VAT applies, and what (if anything) would be deducted from your compensation before you sign.

3. After The Event Insurance (ATE)

After The Event Insurance is often used alongside "no win, no fee" agreements to protect you from certain costs if the claim fails (see below). There is no upfront payment for ATE. If you win, the premium is deducted from your compensation.

If You Lose:

1. No Basic Legal Fees

If your claim doesn't succeed, you won't pay our basic legal fees, as long as you:

• cooperate fully with the legal process; and
• provide honest and accurate information.

2. Other Costs

Even in "no win, no fee" cases, clients can sometimes be asked to pay other costs, such as disbursements (e.g., expert reports) or insurance-related charges, depending on the agreement and what happens during the claim. We will clearly explain any situation where you could be liable for costs, including if the claim is unsuccessful, before you sign.

After The Event Insurance (ATE)

1. What Is It For?

ATE insurance is intended to:

• cover certain expenses incurred during the case; and
• protect you from liability for your landlord's legal costs if the claim is unsuccessful (subject to the policy terms).

2. Payment Terms

No upfront premium is required.

• if you win: the premium is deducted from your compensation.
• if you lose: you do not pay the premium (subject to the policy terms).

3. Insurers Cover Level & Premiums

• Underwriter: Financial & Legal Insurance Company Limited (FCA/PRA firm reference 202915).
• Indemnity limit: £25,000 (suitable for many housing disrepair cases, subject to policy terms).

Staged Premiums:

• Pre-Issue: £280 + 12% Insurance Premium Tax (IPT) = £313.60
• Post-Issue: £350 + 12% IPT = £392.00

(Exact cover and premiums depend on the policy offered for your case, you will receive full written details.)

When ATE Cover May Not Apply To You (And You Could Be Liable)

ATE policies commonly exclude cover if you, for example:

• withdraw from the claim against legal advice;
• fail to provide required instructions or cooperation; or
• act dishonestly.

In those situations, you may be personally responsible for costs such as:

• disbursements incurred on your behalf; and/or
• our legal costs and your landlord's legal costs.

Cancelling Your Agreement or Ending The Claim Early

You usually have a cooling-off period (often 14 days). If you choose to stop after the cooling-off period, you may be charged a cancellation/termination fee for work done and/or certain costs already incurred, these can sometimes be substantial. Any termination charges will be explained clearly at the outset and will be reasonable and linked to work actually carried out.

More Information

We will provide further details of:

• the CFA terms (including any success fee and VAT position);
• what deductions (if any) may be taken from compensation; and
• the ATE insurance policy terms, exclusions, and premium,

in writing and before you sign, so you can make an informed decision.

For independent guidance, the Solicitors Regulation Authority (SRA) explains how (here) "no win, no fee" arrangements work and the questions you should ask before agreeing to one.

You may be able to pursue your complaint through the Housing Ombudsman Scheme, which is free to use. However, we would not be able to assist you with that process.

By instructing a solicitor, you benefit from expert advice from the outset. We will assess your claim, advise you on the likely level of compensation and timescales, and handle the entire process on your behalf. Crucially, we are able to take legal action where necessary and enforce any agreement or court order, ensuring your landlord carries out the required repairs.

Whilst the Ombudsman can investigate complaints and make determinations, the process can take a significant amount of time, often many months, particularly where there are delays or backlogs. In addition, although the Ombudsman can make findings and orders, it does not have the same enforcement powers as the court, meaning further action may still be required if the landlord does not comply.

Before referring a matter to the Housing Ombudsman, you are generally required to exhaust your landlord's internal complaints procedure. Taking early legal advice can often lead to a faster and more effective resolution.

You are also entitled to bring a claim yourself. However, this can be complex and there are potential upfront costs to consider. In most cases, you would need to obtain an independent surveyor's report to evidence the disrepair, which typically costs in the region of £1,000, together with court fees and the time involved in preparing and managing the claim.

It varies depending on the issues, access, inspections, and how quickly your landlord responds. Many cases start with evidence gathering and formal letters before anything escalates further.

The claim process can take anywhere from a few weeks to up to 12 months, depending on your landlord. However, we will immediately push your landlord to start repairs as soon as we make initial contact. You can be confident that there will be no delays on our side, we'll do everything we can to ensure your landlord takes action.

The amount of compensation you could receive will depend on a number of factors, including the rent you pay, the severity of the issue, how long it has lasted, and how it's affected your health and well-being.

Yes, you should continue to pay your rent. If you stop paying, not only would you be in rent arrears, your landlord could also make a counterclaim against you for breaching your tenancy agreement.

Tenants need to allow reasonable access for inspection and works (with reasonable notice, except emergencies). Refusing access can delay repairs and the claim process.

No, there are laws that protect social housing tenants from eviction for making a housing disrepair claim against their landlord, and that includes Lewisham Council tenants.

No, you must be living in the property throughout the duration of your claim.

In most cases, no. Around 95% of our claims are settled out of court through negotiation. If court action is needed, our experienced solicitors will guide you through the process and are fully prepared to represent you.