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A Guide To Rotten Doors Or Window Frames Can I Claim Compensation?

By Danielle Jordan. Last Updated 14th October 2024. This guide examines the question, “I have rotten doors or window frames, can I claim compensation?” We’ll cover important aspects of making a housing disrepair claim including the duty to repair owed by your landlord, the harm that rotten windows and door frames could cause, and how this compensation is calculated.

You also see information on the legal obligations of both tenant and landlord with regard to maintaining a property. Landlords are not responsible for any repairs until they are informed of them, so with this in mind, we have provided some guidance on communicating the need for repairs and what constitutes a reasonable time frame.

Towards the bottom of our guide, you’ll find a short section on the No Win No Fee contract offered by our panel of solicitors, with particular reference to how such an agreement can benefit you.

To learn more about claiming rotten door compensation or rotten window compensation, get in touch with our team today using the contact information given here:

  • Call us on 0800 073 8804.
  • Begin your claim online by completing our call-back form.
  • Open the live chat window on your screen now.

 

The outside of a rotten window frame surrounded by white-washed bricks.

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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.

Rotten Doors Or Window Frames Claims Calculator

There are two heads of loss that rotten door and window compensation can be awarded under: general and special damages. These two heads of loss compensate for physical and psychological distress and financial damages, respectively.

Solicitors (or others involved in calculating compensation) can make reference to the Judicial College Guidelines (JCG) along with your medical evidence to determine the potential value of the harm you experienced. We have used figures from the latest edition of the JCG to create a table for your reference. Please note that the figure in the first row is not from the JCG.

Compensation Table

Type of InjurySeverityGuideline Compensation Value
Multiple Very Serious Injuries Alongside Substantial Special DamagesVery SeriousUp to 250,000 and above
Lung diseaseSignificant and Worsening Lung Function (c)£66,890 to £85,460
Breathing Difficulties Requiring Inhaler Use (d)£38,210 to £66,920
Bronchitis and Wheezing (e)£25,380 to £38,210
Slight Breathlessness (f)£12,990 to £25,380
AsthmaSevere and Permanent Disabling Asthma (a)£52,550 to £80,240
Chronic Asthma (b)£32,090 to £52,490
Bronchitis and Wheezing (c)£23,430 to £32,090
Relatively Mild (d)£12,990 to £23,430
Mild Asthma (e)Up to £6,280

Special Damages

The second of the two heads of loss is known as special damages and compensates for the financial harm caused by your injuries. We have provided a few possible examples here:

Make sure to retain copies of your payslips, as well as other documents such as prescription letters, invoices for care and travel tickets as proof of any costs you have incurred.

For a more personalised idea of what your potential rotten door compensation claim could be worth, get in touch with our advisory team today using the contact information given below.

I Have Rotten Doors Or Window Fraces, Can I Claim Compensation On A No Win No Fee Basis?

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.

A solicitor researches your question, '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.

Other Useful Compensation Guides

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 Mallon legal expert author

      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.

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