Section: Repairs & Improvements
Loss of Compensation to Legal Aid Claimants Questioned
Local Government Ombudsman Tony Redmond issued a report in which he concludes that Stonebridge Housing Action Trust (HAT) delayed unreasonably in repairing a woman's home to prevent water penetration and remedy damage from leaks.
Ms H is a tenant of Stonebridge HAT. She complained, through her solicitors, that the HAT had failed to carry out effective repairs to her home to prevent water penetration and to remedy damage caused by the leaks.
The HAT undertook numerous visits to the property and carried out repairs on several occasions. However, it took about 18 months to identify the source of the roof leak and to carry out effective repairs.
The Ombudsman concluded that it should have taken no longer than six months to rectify the problem, and that the HAT's delay in doing so was maladministration, causing injustice to Ms H in terms of anxiety, disruption and inconvenience.
The HAT expressed willingness to settle the complaint to the Ombudsman's satisfaction by paying compensation of £1,250 to Ms H. Of this, £750 was intended to remedy the injustice to her, and £500 was to go towards the legal costs she had incurred by using solicitors to make her complaint to the HAT and to the Ombudsman (this met only part of the costs). The Ombudsman has agreed this remedy with the HAT.
The Ombudsman commented that this case highlights that where someone, who is entitled to legal aid, makes a complaint to the Ombudsman with the help of a solicitor, some or all of the material compensation that they may obtain as a result of the Ombudsman's investigation may have to be repaid in order to cover the solicitor's costs. This is because of the Legal Services Commission's statutory charge procedure.
The Ombudsman questioned whether it was essential for Ms H's solicitors to have embarked upon the statutory charge procedure once they had referred the complaint to him in August 2005. But he considered it appropriate in the circumstances of this case to ask the HAT to make a contribution towards the solicitors' costs.
Local Government Ombudsman Report No. 05/A/07668
Case Law Update
This decision provides a useful review of the law on disrepair on the issue concerning whether it is the landlord or the tenant that is liable to remedy dampness that was caused by an incorrectly installed damp-proof course, which had been installed prior to the date of the letting.
Janet Reger International Ltd v Tiree Ltd [2006] EWHC 1743 (Ch), [2006] All ER (D) 226 (Jul), 17 July, High Court
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Issue: September 2006 Reporting on July-August 2006
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