can i sue my council please help

[jonnotheone]

hi my mrs is nine months pregnant and the other day she was comming down the stairs and went through one causing her to to be trapped she didnt sustain any injurys not physicly anyway.. its more of a what if more than anything nothing had been reported about the stairs as there was nothing wrong but we have complaind about all these cracks that have started to apeer around the house its like the house is shifting..so does anybody have an awnser for that would be greatful cheers.....

[tenrec]

Ring the council and tell them about the repairs that are needed.

[jonnotheone]

we have told them about all the other repairs like the ceeling comming away an all the cracks in the wall and all we got back was nothing they said the house is just adjusting its not even a new house knocked up in the 60s i think

[cathfromsaron]

take the copies of your written complaints back to the council and complin again! if she is uninjured (or anyway has injuries which last less than 3 months) and hasn't suffered any financial losses, you cannot sue!

[cathfromsaron]

complain*

[boxtops]

You need to report the accident in writing and take photos - there is a possibility that if they were negligent in not effecting repairs which had been reported to them, that a liability claim could result. Do you have any written evidence of when the repairs were reported? Have they now come and mended the stairs?

It would be worth consulting a solicitor on one of those free 30-minute appointments, just to get the legal view on it, IMO.

[cathfromsaron]

if she is not physically injured, you will need evidence that she has sustained psychological harm.

why not just compain again and get the place ready for the baby?

[bednobs]

hi, unless she has suffered any loss, there would be no point suing the council, as there is nothing to compensate her for

[bednobs]

Also, you would need to prove they were negligent - which from your brief description, they were not

[boxtops]

That's quite true, bednobs - I was thinking of the circumstances, not reading that there are no injuries.

[tonywiltshire]

The tenancy agreement may set out expressly what repairs the landlord has responsibility for, often the landlord is responsibility for repairs to the structure, the outside of the building and fixed items and the tenant responsibility for decoration and of course repairs to their own equipment, but this may not be the position in your case, so first establish who is responsible for the stairs and any other area which causes concern.

If it is found that the landlord is responsible he will not be liable for the repair unless you have given him notice of the need for repair. So if a tenant is injured (I note your partner was not injured) as a result of a defect the landlord will not be liable for the injury if he had not been notified of the need to repair the defect. Your first action should be to notify your landlord of the need to effect repairs to areas that he is responsible for and this should be done in writing, the notice does not have to be in any specific form and you should keep a copy. If a landlord fails to meet his obligations the tenant would have several remedies one of which would be to take court action, before this is undertaken I suggest you consult a solicitor.

[Andy_Thom]

What Tony W says is about right, but you may also have a claim under the defective premises act - why not contact your local advice centre or CAB