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Jak Bowtell
Jak Bowtell, Lawyer
Category: Law
Satisfied Customers: 104
Experience:  LLB (Hons) (ling.) ( franc.) (UEA) ARAeS
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My house is owned by Local authority managed by housing

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My house is owned by Local authority managed by housing association and they are not repairing and this has serious healthy and safety concern including electric hazard.
Assistant: Where are you? It matters because laws vary by location.
Customer: Ealing Council london England
Assistant: What steps have you taken so far?
Customer: Reported the issues to local authorities and housing officer, they came and saw the leak but it is more than a month that they didn’t repair it
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Customer: replied 2 months ago.
I have sent and have followed with phone call unfortunately they are not taking serious.In addition to that two babies of 4 months old are leaving this property and I am concerned about their healthy.

You don't have a claim in negligence because no harm has occurred yet, however: where a claimant has no right of action against a local authority in negligence or for breach of statutory duty there may still be scope for an action to be brought under HRA 1998, s 6(1):

'It is unlawful for a public authority to act in a way which is incompatible with a Convention right.'

To bring a claim the claimant must establish that:

  1. the defendant is a public authority

  2. the claimant is a victim

  3. the defendant has acted in breach of the claimant's right under HRA 1998

  4. the claim is not statute barred

  5. there was a real chance of a better outcome for the claimant had the defendant not breached HRA 1998

  6. it is just and equitable to award the claimant damages

So you would need to find an HRA 1998 right that they've breached and demonstrated it to claim damages.

However, I think the best thing to do first is writing a letter saying you've taken legal advice and before you take any further action, you will give them a chance to remedy the situation ASAP.

Customer: replied 2 months ago.
At this stage, there is no harm except the emotional distress and potential risk of this problem.1. I would like repairs to be done in as swiftly as possible to mitigate the risk.

I do hope this helps. Please don't forget to rate my answer to close the question, this ensures I'm compensated for my time if you're satisfied. You can, of course, ask additional questions afterwards too.

There is no remedy for mere emotional distress (unless it leads to a recognised psych condition) - the potential risk is not enough to bring an action.

Jak Bowtell and other Law Specialists are ready to help you
Customer: replied 2 months ago.
Can you help me to draft the letter to send them

I'm not allowed to do that on this platform, you would need to contact a lawyer in person as this is just a Q&A site. I'm so sorry I can't help with that.

Customer: replied 2 months ago.
What would you advise me to do now ?
Customer: replied 2 months ago.
Saw your last message.

I would advise you to do some googling to find a qualified lawyer who can write a letter for a fixed fee with a free intitial consultation. I can't recommend specific firms. I'm restricted on what I can do on this platform.

Customer: replied 2 months ago.
Thanks

All the best for the future.

Customer: replied 2 months ago.
Local authority team visited my flat and have seen the leakage but they were unable to repair or keep contact with us to update and it is more than a month