PARTICULARS OF CLAIM - HOUSING DISREPAIR. Between Claimant

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1 Client Ref. No. PARTICULARS OF CLAIM - HOUSING DISREPAIR 2001 Please use the Notes for Guidance when completing this form. Note 1. Note 2. Note 3. Note 4. IN THE Claim No. Between Claimant AND Defendant Note 5. Note 6. Note At all material times the premises known as were held under a tenancy agreement between the Defendant and Note It was an implied term of the said agreement by virtue of section 11 of the Landlord and Tenant Act 1985 that the Defendant would keep in repair, amongst other things, the structure and exterior of the dwelling and the installations therein for the supply of gas, water, electricity, sanitation and space heating. 3. Further, by virtue of section 4 of the Defective Premises Act 1972, the Defendant was under a duty to all persons who might reasonably be be expected to be affected by defects in the state of the premises to take such care as was reasonable in all the circumstances to ensure that they were reasonably safe from personal injury or from damage to their property caused by a relevant defect.

2 4. The following were further implied terms of the agreement: (i) (ii) that any works of repair carried out by the Defendant, its servants or agents, would be carried out with reasonable care and skill and within a reasonable time of notification; that the Claimant(s) would be granted quiet enjoyment of the premises throughout the term of the tenancy. 5. In breach of the said tenancy agreement, the Defendant failed to comply with the implied repairing obligations hereinbefore set out in paragraph 2 and/or to comply with the implied terms set out in paragraph 4 hereof in spite of notification of disrepair having been furnished on the Defendant on numerous occasions, and the dwelling remains in disrepair. Particulars of Notice Note 9. Particulars of Disrepair A copy of the survey report and/or Scott Schedule of Note 10. dated the day of 20 is annexed hereto. 6. By reason of the matters aforesaid the use and occupation of the premises by the Claimant(s) has been substantially affected. Particulars Note 11.

3 Note 12. Note Furthermore the Claimant(s) will aver that his/her/their health has been affected by the aforesaid housing conditions which have caused personal injury. Particulars of Injuries The medical report of dated the day of 20 is annexed hereto. Note 14. Particulars of Special Damages (Past and Future Expenses and Losses) 8. The Claimant(s) will rely so far as may be necessary on the Defendant's breach of the duty of care imposed by the said Defective Premises Act. Note 15. And the Claimant(s) seek(s): (i) an order for specific performance in relation to the disrepair (tenant(s) only); (ii) damages; (iii) interest thereon pursuant to section 69 of the County Courts Act STATEMENT OF TRUTH [I believe][the Claimant(s) believe(s)] that the facts stated in these Particulars of Claim are true. Signed: (i) Claimant(s) (ii) Legal representative of Claimant(s) Dated this day of 20.

4 Client Ref. No. CONTINUATION SHEET Form No and Title: This page is to be used whenever paragraph(s) within the main form need to be expanded upon. Please indicate by their respective number, which paragraph(s) are being added to Spa Road, London SE16 3QQ Consumer Protection - Form 5 (Housing Disrepair)

5 These notes are copyright and may not be reproduced. Notes for guidance for completion of the Particulars of Claim HOUSING DISREPAIR General - It is important that these notes are read thoroughly and that the guidance given to assist in completion of the Particulars of Claim is followed carefully. Note 1 - These Particulars of Claim are intended for use by a tenant of residential premises taking action against his or her landlord for a failure by the landlord to keep the premises in repair pursuant to the repairing obligations implied into the tenancy agreement by section 11 of the Landlord and Tenant Act Note 2 - Insert the name of the Court in which it is proposed to issue the claim. Note 3 - The Claim Number should be left blank in the first instance since this will be provided by the Court in which the claim is issued. Note 4 - Insert the name of the Claimant. This will be the tenant of the premises in question. If there are joint tenants, then both should be named as Claimants. If there is to be a claim for personal injuries by others who are occupying the premises (frequently the tenant's children) then they should also be named at this point as Claimants. If any particular Claimant is a child, then after the child's name it should be stated that the Claimant is a child proceeding by his/her litigation friend and the name of the litigation friend should also be inserted. For example, if the Second Claimant was a child, the Particulars of Claim would say: John Smith (a child, proceeding by his litigation friend, John Brown) Second Claimant, etc. Frequently the litigation friend will be the child's parent which, in a housing disrepair action will usually be the First Claimant. Note 5 - Insert the name of the Defendant. This will be the name of the landlord of the premises. Note 6 - Insert the name of the dwellinghouse occupied by the Claimant. Note 7 - At this point would be inserted, for example, "The First Claimant" or "The First and Second Claimants". Note 8 - If the action includes claims by other occupants of the dwelling in addition to the tenant or tenants, then space has been provided here to say, for example, "The Second and Third Claimants are the children of the First Claimant, also living in the said dwelling". Note 9 - Set out particulars of notice of disrepair which has been given by the the tenant to the landlord. This should be as accurate as possible, but often details may be sketchy and all a tenant may be able to remember, for example, is that complaints were made on many occasions to the landlord in person or his agent, or to the local housing office by telephone, or by personal visit, or by letter. Note 10 - Set out here the name of the surveyor who compiled the survey report and/or Scott Schedule and the date of such report. Note 11 - Set out here the way or ways in which the disrepair to the premises has caused the Claimant(s) discomfort, inconvenience, anxiety etc. For example, as a result of various items of disrepair, the dwelling may have been damp or draughty or it may have had an unpleasant musty smell. Sometimes decoration is difficult because of the state of the plasterwork and generally the tenant may have been embarrassed to invite people into the premises. Note 12 - This paragraph is only applicable if there is a claim by one or more of the Claimants for personal injuries which has been caused by housing disrepair. This often relates to astma, bronchitis, colds and chest problems particularly in cases of young children. State which Claimant or Claimants it is that seeks damages for personal injury. Note 13 - Give very brief particulars of the personal injury sustained. It would also be appropriate to give the date of birth of any particular Claimant at this point. Give details of the medical report, i.e. the doctor preparing the report and the date on which it was prepared. If there is more than one Claimant making a claim for personal injury, then all particulars in relation to the Claimant's date of birth, the injury sustained and the details of the medical report should all be provided on the continuation sheet at the end of the form. If there is no claim by any Claimant for personal injury, then simply put N/A or cross the paragraph through.

6 Note 14 - Set out here details of special damages, i.e. all past and, if applicable, future losses. Examples include ruined decorations; ruined carpets; ruined curtains, additional heating expenses, etc. If there has been a claim for personal injuries then any expenses and losses associated with the injury should be set out, for example, lost wages, cost of care, precription charges, etc. If insufficient space is provided here, use the continuation sheet at the end of the form. If there is no claim for special damages, then simply put N/A. Note 15 - The Statement of Truth must be signed in every case by the Claimant, or, in the case of a child by the litigation friend. If there is more then one Claimant, it should be indicated after each signature which Claimant it refers to. Alternatively, the Legal Representative can sign on behalf of all Claimants. N.B. - Please note, if there is insufficient room in any particular paragraph of the Particulars of Claim to write what is required, then simply put the words "see continuation sheet" and then complete what is required on the continuation sheet which is provided at the end of the Particulars of Claim. On the continuation sheet would first be written, for example, "particulars of special damages continued" or "paragraph 6 continued" as the case may be. Guidance on How to Issue the Claim in a County Court A Claim can be issued (started) in any County Court in England and Wales. Addresses and phone numbers can be found in the telephone book under the heading of Courts. Starting a Claim is very simple and Form N1 (the Claim Form) is available from Oyez and from any County Court Office and it is straightforward to complete. The Particulars of Claim will then be attached to the Claim form. Although Form N1 is easy to complete, the County Court Office will always give help if required. The Court will require a fee to issue the Claim and the fee will depend upon the amount being claimed. In some circumstances there may be no fee to pay. Details of fees are again available at the County Court Office. After the Claim is issued, the Court will then send a copy of it to the Defendant together with a Response Pack. The Response Pack contains the forms which the Defendant can use to reply to the Claim. The Response Pack contains an Admission form, a Defence form, and an Acknowledgement of Service. The Court sends these forms with the claim form and Particulars of Claim to the Defendant by first class post Spa Road, London SE16 3QQ Consumer Protection - Form 5 (Notes) (Housing Disrepair)