A north Wales council is warning residents directly that they should be cautious about instructing solicitors to act on housing disrepair claims. In a new leaflet, Flintshire County Council says it has concerns about firms ‘targeting’ social housing tenants and encouraging them to claim for disrepair.

The leaflet states that in recent cases, significant costs have been accumulated by firms offering to work on a no win, no fee basis. But tenants have then been liable for the costs if they close their case or decide not to pursue their claim.

The leaflet continues: ‘This could put you in a really difficult position and may lead to hidden additional costs. If your claim fails, the council can seek to recover any associated legal costs from you, the tenant, and not your appointed solicitor.’

Tenants are warned that to claim disrepair, they must have reported any defect to the council and must have evidence that authorities have failed to deal with the work and resolve it in a reasonable timescale.

The issue will be raised at this week’s meeting of the council’s community and housing overview and scrutiny committee.

A report prepared by Victoria Clark, the chief officer for housing and communities, says there are unfortunately ‘many opportunistic solicitors, who on occasion impose themselves on our tenants with the promise of compensation and a "no win, no fee" guarantee’. 

Row of terraced houses

Flintshire County Council alleges that lawyers are gaining access to homes posing as council workers

Source: iStock

The reports cites a ‘recent claim’ submitted against a landlord where the tenant lost their case due to non compliance with their tenancy conditions. The £20,000 defence costs were then sent directly to the tenant as a rechargeable cost.

The report states that the council has 'a very good track record with successfully defending disrepair claims, however we find often our tenants are encouraged to pursue a claim which has no merit, compensation being promised and that all repairs will be actioned immediately. This is not the case, and it may result in our tenants becoming liable for costs that have not been conveyed by their appointed "no win, no fee" solicitor.’

The council says law firms have tried to gain access to tenants’ homes, advising them that they have been sent by the authority to inspect homes for repairs and organise the works. Once they have gained access, they have advised the tenant to begin a claim against the council. In one case, the council has contacted trading standards.

The local authority further alleges that solicitors ‘acting’ on tenants’ behalf have advised them not to allow the council into their homes to carry out repairs, putting the tenants in breach of their tenancy agreement.

Of the 55 disrepair claims received by Flintshire in 2022/23, 23 were withdrawn, six are currently dormant and 10 claims were settled for an average of £765 compensation. Claimant legal fees were said to be on average £1,600 for these settled claims. A further 11 claims are being defended and five are at pre-issue stage.

 

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