When you might need a solicitor
Usually you do not. Here is how to tell the difference, and what to do if you decide you do.
Try the free routes first
For most damp and mould problems, the free routes work and they cost you nothing. Report the repair in writing, make a formal complaint if nothing happens, then take it to the Housing Ombudsman. The Ombudsman can order your landlord to do the work and to pay you compensation, and you keep every penny of it.
A solicitor acting on a no win, no fee basis will normally take a percentage of any compensation, and there are circumstances in which you could still be liable for costs. That is not a reason to avoid solicitors. It is a reason to understand what you are choosing.
When legal advice is genuinely worth getting
- Someone in the household has become seriously unwell and you believe the condition of the home caused or worsened it
- Belongings have been damaged or destroyed and the landlord refuses to compensate you
- The home is genuinely unfit to live in and your landlord will not act, even after the Ombudsman
- You are facing eviction, or you believe you are being targeted because you complained
- The Ombudsman has made a determination and your landlord is ignoring it
- The problem has run for years and involves multiple failures
How to find a solicitor yourself
The Law Society's Find a Solicitor service lets you search by location and area of law. Look for housing law, and check that the firm actually does disrepair work rather than listing it among fifty other things.
You can check any firm or individual solicitor on the SRA register. If someone tells you they are a solicitor, that register is where you verify it. It takes thirty seconds and it is worth doing every time.
Solicitors are not allowed to seek clients by cold calling or door knocking, and neither are the companies who market for them. If someone rings, texts or turns up at your door about a disrepair claim, do not sign anything, do not give them your details, and do not agree to anything on the phone. Find your own solicitor instead, on your own terms.
Questions to ask before you sign
- Are you a solicitor, and what is your SRA number?
- What percentage of my compensation do you take, and is there a cap?
- In what circumstances could I end up paying anything myself?
- Will I have to take out insurance, and who pays for it?
- Who will actually handle my case day to day?
- How did you get my details?
Ask for the answers in writing. A firm that will not put them in writing has told you something.