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A guide to rotten doors or window frames can I claim compensation?

'I have rotten doors or window frames, can I claim compensation?'

‘I have rotten doors or window frames, can I claim compensation?’

By Danielle Jordan. Last Updated 16th February 2023. If you’re wondering ‘I have rotten doors or window frames, can I claim compensation?’ then this guide can help.

When you rent a property off someone or an organisation – be it a private landlord, the council, or a housing association – you expect the property to be maintained to a habitable and safe level. If this is not the case, and your landlord has failed to act despite the fact that you have notified him or her several times, you will be well within your right to make a personal injury claim. With rotten doors and window frames, the severity of such an incident can differ dramatically. In some cases, the rot is only minor and does not have much of a knock-on impact. In other instances, the wooden rot is severe, causing worries with regards to people’s health as well as the structural integrity of the property.

At Legal Expert, we have helped many people to make a claim for compensation due to rotten doors or window frames within the property they are renting. We know everything that there is to know about tenants’ rights during renovations UK wide. If you would like to speak to us about this, ask any questions, or indeed start your claim, all you need to do is give us a ring on 0800 073 8804. However, don’t pick up the phone just yet, as you will find everything you need to know about claiming for rotten window frames and door frames below.

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Housing Disrepair Claims – A Guide To Housing Disrepair Claims Compensation

If you are wondering what to do if your landlord fails to repair a rotted window frame and you suffer an illness or injury as a result, this guide could help. Under the Landlord and Tenant Act 1985, your landlord is expected to carry out repairs. This applies whether they are private, local authority or a social housing landlord.

If you report a rotted window frame or door to your landlord and they fail to repair it in a timely manner and you suffer as a result, you could be eligible for compensation. You will need to prove that your suffering was a result of this lack of repair. Additionally, you will need to prove that you reported the need for a repair to be carried out to your landlord but they took no action within due time.

Evidence that could be helpful in housing disrepair claims includes:

  • Communications between yourself and your landlord. For example, if you communicated the need for a repair in writing, you could submit this.
  • Photographs of the damage. For example, you can use a photograph of the rotten frame as supporting evidence.
  • Medical records. Later in this guide, we explore illnesses you could develop due to mould and damp. Your medical records could be submitted to prove your claim.
  • Symptom diary. You could document your illness and what impact it has on your life.

If you have any questions about housing disrepair claims compensation, call our advisors. They can assess the eligibility of your claim for free. They could connect you with our No Win No Fee solicitors if they think your claim could be successful.

Difference Between Dry And Wet Rot

Before we address the question of ‘I have rotten doors or window frames, can I claim compensation?’, let’s look at the difference between dry and wet rot.

There are two main types of rot that can occur within the home: dry rot and wet rot. So, what is the difference between the two? Basically, a much higher moisture content is required for wet rot to grow when compared with dry rot. Wet rot will develop on surfaces like timber, which are porous and have a high moisture content of 50 per cent and over. Wet rot is something to worry about, as it can often cause a large amount of structural damage. If the wet rot is not checked and acted upon, it can cause the timber to weaken, so it is pivotal to keep this in mind.

Rotting Window Frame – Health Issues And Injuries

Rotting window frames can be linked to mould and damp. According to the NHS, this can contribute to health problems in sensitive persons, such as babies and children, the elderly, those with existing skin or respiratory problems and those with a weakened immune system.

If rain is seeping into your home through a rotting window frame, you could become more prone to respiratory problems. These could include infections, allergies, or asthma. Additionally, mould might affect your immune system.

Call our advisors if a rotten window has resulted in health problems to see if you could be eligible to claim.

What Are Your Landlord’s Legal Obligations?

If you’re wondering ‘I have rotten doors or window frames, can I claim compensation?’, there is some relevant legislation that you should familiarise yourself with.

What is my landlord responsible to repair? It is important to understand your landlord’s obligations. Your landlord is not legally obliged to improve the property you are renting. Nevertheless, he or she is legally obliged to make sure the property is maintained and your safety is ensured, and this means carrying out the necessary repairs that are needed. In terms of your doors and windows, they are responsible for the exterior and the structure of the premises.

If the doors and windows are deteriorating to the point whereby it is causing an issue in terms of your health, the structure of the property, and/or the security of it, you are well within your right to demand that the landlord makes the necessary changes. If you have informed your landlord of the problems and they have not taken any action in terms of rectifying them, you are certainly within your right to secure compensation.

What Are Your Legal Obligations?

Similarly, if you’re wondering ‘I have rotten doors or window frames, can I claim compensation?’, there are also some legal obligations that you as a tenant have.

Now that you have an understanding of the responsibilities of your landlord, you probably want to know what you are responsible for as a tenant. While your landlord does need to deal with any issues, you are legally expected to keep the home in a good start of repair. This responsibility includes the following:

  • Ensuring that fittings and fixtures are used in the right manner. A good example of this includes ensuring you do not flush any inappropriate items down the toilet.
  • Making certain that you / your visitors do not cause any damage to the property.
  • Keeping the property clean.
  • Looking after your home appropriately, for example, changing fuses and light bulbs.

It is also vital to note that it is your responsibility to make sure the landlord is told about any repair work that is needed on the property. Your landlord is not deemed responsible for any of the repair work until you have told them yourself that it is needed. Not only this, but you will need to ensure that reasonable access is granted to the landlord so that he or she can rectify the issue as soon as possible.

Not only this, but it is vital that all necessary repairs are reported at the earliest opportunity, as this is probably stated within your contract. No matter how insignificant or small this may seem, you should put the wheels in motion.

If you’re still wondering ‘I have rotten doors or window frames, can I claim compensation?’, please read on for more information.

My Landlord Is Not Carrying Out The Repairs, What Should I Do?

If you have told your landlord about the issues, and he or she has simply ignored you, call us today and we will help you to get the compensation you deserve. It is also advisable to write to your landlord about the issue at the earliest opportunity, even if you have spoken to him or her on the telephone. A written letter serves as official proof regarding what has happened, which is also why saving a copy comes recommended.

This will go a long way to ensuring that you have a strong case and that you have done everything in your power to get the repairs carried out.

Landlord Repairs In Reasonable Time

If you’re wondering ‘I have rotten doors or window frames, can I claim compensation?’, then it’s important that you’re familiar with the time frames within which your landlord should make repairs once reported.

No matter whether you have rotten doors or a leaking ceiling in a rented property, your landlord must carry out work on the house within what is deemed “reasonable time.” This is the case no matter whether your landlord is private, the council, or a housing association.

So, what is a reasonable time for a landlord to carry out repairs? This all depends on the nature of the work and how severe the issue or repair is. It’s not as simple as ‘how long does my landlord have to fix my boiler?’ Instead, it all depends on the time of year and the impact the broken boiler is having on your day-to-day living and your overall health.

For example, if the rotten wood is not causing any issues in terms of the safety of the property or your health, it’s probably not considered urgent. However, if the rotten door is compromising your safety and making it easy for the property to be breached, you should expect action taken within 24 hours.

With that in mind, reasonable timing can very much have a common sense approach given to it. All in all, though, if you reported the issue in question to your landlord quite some time ago yet there has not been any attempt for the work required to be carried out, there is a very high chance you will be entitled to compensation.

Can I Withhold My Rent While I Make A Claim?

If you’re wondering ‘I have rotten doors or window frames, can I claim compensation?’, you may have also considered withholding your rent.

If you take a look in the Landlord and Tenant Act 1985 Repairing Obligations, it does not say that you are permitted to withhold your rent until the repair is made. Therefore, it is certainly not advisable for you to do so, as this will be a breach of your tenancy agreement. This would then give your landlord grounds to apply for a possession order from the court, which allows them to evict you. You’ve no doubt heard the saying that two wrongs don’t make a right, and you’re only going to make matters worse if you refuse to pay your rent. Nevertheless, if this is something you have already done, try not to panic – we can help. Give our team a call and we will advise you further on what you should do now.

Time Limits On Housing Compensation Claims

What’s more, if you’re wondering ‘I have rotten doors or window frames, can I claim compensation?’, there are time limits for making a claim that you should be aware of.

As is the case for all claims, there is a time limit on housing compensation claims. However, the time limit does depend on the sort of claim you are making. You will have six years to make a claim if you are only claiming for the rotten wood / doors and not anything related to your health. If you are making a personal injury claim, you will have three years to make a claim. Needless to say, it is better if you do not wait until near the deadline. If you do this, it will be a lot harder for you to claim. After all, getting the evidence you need and remembering all of the details can be a much bigger challenge and more long winded.

What Could Your Rotten Doors Or Window Frames Claims Include?

When you make a claim with the assistance of a personal injury lawyer, you will be able to claim for a number of different things. Of course, you will be compensated for any money you have spent on the repair itself because the landlord has failed to carry them out in a timely manner. Aside from this, you can also claim for the inconvenience caused as well as any financial losses you have suffered because the disrepair has not been rectified, for example, if you have had to miss work because of any illnesses or injuries you have suffered due to the rotten wood. You can also claim for the injury itself, and it is vital to recognise that this included psychological injuries. Furthermore, any damage to your personal property will be covered too.

Rotten Doors Or Window Frames Claims Calculator

If you’re wondering ‘I have rotten doors or window frames, can I claim compensation?’, then you may also be wondering how much you could be entitled to.

If you have been injured as a consequence of your landlord’s failure to act, you will want to know how much compensation you could claim. It’s important to note that all claims are judged individually. This is because every case is different and, therefore, you will be awarded any amount that is fair for what has happened to you. Nevertheless, if you would like to get an understanding regarding the sort of figure you could be looking at, you can find average payout amounts in the table below.

Edit
The sort of injury you have sustained: Extra notes about this sort of injury: Typical payout amount:
Lung disease (c) Conditions leading to considerable problems with lung functions. £54,830 to £70,030

Lung disease (d) Breathing difficulties. £31,310 to £54,830
Asthma (a) Severe, permanent, disabling asthma. £43,060 to £65,740
Asthma (b) Chronic asthma resulting in breathing difficulties. £26,290 to £43,010
Asthma (c) Bronchitis and wheezing. £19,200 to £26,290
Asthma (d) Relatively mild asthma or the like. £10,640 to £19,200
Minor injuries (c) A full recovery is made within three months. £1,370 to £2,450
Minor injuries (b) A fully recovery is made within one month. £690 to £1,370
Minor injuries (a) A full recovery is made within one week. A few hundred pounds to £690

Can’t find the injury you suffered in the table above? Don’t worry – you can still make a claim! Simply give our team a call to find out more about the amount of compensation you may receive.

No Win No Fee Rotten Doors Or Window Frames Claims

If you’re considering the question of ‘I have rotten doors or window frames, can I claim compensation?’, then you may have also considered seeking legal help. But is the usual fee associated putting you off?

If so,  you’ll be pleased to learn that all of the solicitors on our chosen panel work on a No Win, No Fee basis. This is highly beneficial for you.

Why? Well, there are numerous reasons. To begin with, you don’t need to make a large upfront payment to begin the process of making a claim. Moreover, the monetary risk that is associated with using a traditional personal injury solicitor is eliminated, and this is because you are only going to be charged legal fees if your case is a success and you have secured a payout. This ensures that you experience an exceptional service, as the pay the solicitor receives is performance related, and that we will not waste your time if we do not think your case is very strong.

Why You Should Make Your Claim With Us?

If you’re wondering ‘I have rotten doors or window frames, can I claim compensation?’, there are many reasons why you should make a claim with us, including the following:

  • Convenience – A lot of people envision hassle when it comes to making a compensation claim. Yet this is not the case with us. We offer one of the most convenient services in the industry. All you need to do is give us a call and we will take it from there. In most cases the solicitors are able to begin compensation claims over the telephone.
  • Outstanding reputation – We are pleased to have built up an exceptional reputation in the industry. This is built on reliability and integrity. If you are in any doubt about service, you simply need to look at what our past clients have had to say.
  • Experience – You will struggle to find another firm such as ours with the level of experience we have when it comes to personal injury cases. We have successfully assisted thousands of personal injury victims.
  • No-win no-fee – All of the solicitors we work with here work to a No Win, No Fee payment agreement. This is pivotal, as it means you do not have to pay any legal expenses if your case is not successful. This means that risk is diminished and you can be confident that you are going to benefit from the best possible service.
  • Free advice – When your ring our personal injury claims helpline, you are under no obligation to use our service. This line is open seven days per week, and one of our polite and professional advisors will happily answer your questions and talk you through what the claim process involves.

Speak To Legal Expert Today

Are you ready to make a claim for rotten doors or window frames? Whether you’re wondering ‘I have rotten doors or window frames, can I claim compensation?’ or you’d like to start your legal proceedings today, please contact Legal Expert today for more information.

'I have rotten doors or window frames, can I claim compensation?'

‘I have rotten doors or window frames, can I claim compensation?’

We have years of experience in the industry and we are happy to answer any queries you may have. We will also talk you through the personal injury claim process, as well as giving you a realistic picture regarding the strength of your case.

To call us, any day from 9.00 a.m. until 9.00 p.m., the number required is 0800 073 8804. You can also find more details, including our email address, via our contact page. You can be sure that all conversations are 100 per cent confidential. Not only this, but our advice is provided free of charge and there is no obligation to continue with our service.

‘I have rotten doors or window frames, can I claim compensation?’ and other FAQs

How can you tell the difference between dry rot and wet rot?

Whereas wet rot will begin to grow when the moisture content of wood reaches around 50%, dry rot can grow when the moisture content reaches as little as 20%, making it the most common fungus.

What does wet rot look like?

When trying to identify wet rot, some tell-tale signs include localised fungus growing on wood, which is soft and spongy to the touch or and darker than surrounding timber. Once dry, wood with wet rot should easily fall apart and crumble.

How long do I have to make a claim?

You will have 6 years to make a claim if you are only claiming for the rotten wood and not anything related to your health. If you are making a personal injury claim, however, you will have 3 years to make a claim.

Can I claim outside of this time limit?

Yes, in some cases. For example, if you only realised that you suffered as a result of the rotten wood after the claims time limit had already expired, you could still be able to claim. This is because the date of knowledge can be used in place of the incident date in order to determine when the time limit is effective.

Can I make a personal injury claim on behalf of someone else?

Yes, this is what’s called acting as someone’s litigation friend. You could claim on behalf of your child, for example, if their health has been affected by the rotten wood but they’re yet to reach their 18th birthday and be able to make legal proceedings.

What is negligence?

  1. A third party owed you a duty of care
  2. Which they failed to uphold
  3. And as a result, you suffered

Do I need a lawyer to claim?

Although it isn’t a legal requirement for claimants to have a lawyer, their expertise could help win them the maximum compensation that they deserve. Therefore, please get in touch with Legal Expert to discuss your claim and see how we could help.

How can I contact Legal Expert?

For a live response, you can use our chat feature on your screen to speak with one of our specialist advisors. Otherwise, you can refer to our contact section for more options.

Resources And Useful Links

We hope you have found this guide useful while looking for more information on making a claim for rotten doors and windows. However, if you need any more details, please take a look at the links below:

Disrepair in Housing Claims– This takes you to our guide on housing disrepair claims. You will find out information on what you should do if your landlord is not carrying repairs, claiming for mould for asthma and allergies, and much more.

Aspergillosis – NHS– This link takes you to the NHS page on aspergillosis, which is a condition that can be caused by rot and damp buildings.

Council Claims– If you live in council accommodation, you can head to our guide for more information on making claims for any rotten doors or window frames that have not been attended to.

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Thanks for reading this guide. If you’re still wondering ‘I have rotten doors or window frames, can I claim compensation?’, please don’t hesitate to get in touch today.

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      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.