Claim management companies – what you need to know

Making an informed choice

As a tenant, you are aware that your social housing landlord is responsible for carrying out certain repairs to your home. When you report a repair to your social landlord, they will aim to complete it within their target timescale.

Unfortunately, this doesn’t always happen, and you may feel like your landlord has let you down. In that situation, you may think your only option is to raise a disrepair claim to resolve the situation. Tenants at this point will often engage with a Claims Management Company or a solicitor who will deal with the claim on their behalf.

This guide will help you make an informed choice before engaging with a Claims Management Company (CMC) or claimant solicitor to bring a disrepair claim.

Other options

• Speak to your council’s environmental health department – it is responsible for making sure your home is safe.
• Speak to Shelter Cymru – this charity can give you free, confidential and independent housing advice. You can chat to them online, call their helpline, or visit a local service. Visit sheltercymru.org.uk/get-help for more information.
• Speak to your MS or councillor – find out how to contact your local representatives at writetothem.com
• Contact Citizens Advice – its advisors give free, confidential advice on lots of different things, and can help you find free or affordable legal help if you need it. Go to www.citizensadvice.org.uk/wales for more information.

Claim management companies and solicitors

Some disrepair claim management companies and solicitors offer to help get problems fixed for people living in social housing.

You have a clear and established right to go down this legal route, but it is a lengthy and costly process, which is why we have included details on the free options available to you in this factsheet.

Reasons why you may choose to pursue a legal claim:

• If you win, your landlord will have to carry out the repairs you need in your home.
• If you have exhausted all other options, a legal professional can help you navigate what can be complex next steps.
• You may get compensation if you win in court.

What do I need to be aware of?

Things you should be aware of if you choose to pursue a legal claim:

• It could take a lot of time to get the problem sorted if you go down the legal route. There is also no guarantee you will win.
• Cases can take up a lot of your time and can generate significant court fees that you will have to pay if you are unsuccessful or if you withdraw your claim.
• If you win, you will have to pay the solicitor or claim management company, either through fees or by giving them a percentage of your compensation.
• If you lose you will have to pay your landlord’s costs for defending the case.

Remember, you must let your landlord into your home or onto your property to make any repairs even if you have an active claim against them. Sometimes tenants are told not to allow access but this could mean there are delays in getting the problem sorted out. It could also impact your legal claim, and is a breach of your occupation contract.

Claims management companies must be authorised by the Financial Conduct Authority  if they provide services for claims concerning housing disrepair. Make sure you check their credentials and the person you are dealing with before agreeing to anything.

Solicitors are regulated by the Solicitors Regulation Authority and must comply with a code of conduct. You can check the Law Society’s website if you are unsure if a firm or a solicitor is genuine.

And finally…

Many Welsh housing associations have developed new processes and resources for specifically dealing with issues such as damp and mould in the past few years. Their response could now be quicker than you expect.