Housing Disrepair Claims: What to Do When Your Coleraine Home Is in Disrepair
Has your home been affected by issues such as dampness, leaks, or the presence of mould? If yes, it is best to seek professional support immediately to guide you into filing a housing disrepair claim.
Does the Law Allow Me to File a Housing Disrepair Claim?
It is the legal right of any renter of a building to live in a house that is not only safe and secure but also one without any disrepair concerns likely to put you and your family at health and security risk.
Landlords have specific legal obligations to their tenants, primarily defined by the Landlord and Tenant Act (LTA) 1985. Section 11 of this act spells out the responsibilities of the landlord to include the following:
- Uphold the structural integrity of the property, including its exterior and components such as pipes, drains, and gutters.
- Maintain all installations related to water, gas, electricity, and sanitation in a safe and operational state.
- Provide adequate heating and hot water by maintaining these systems in good working order.
When a landlord fails to properly maintain a property’s structure and exterior, it is considered to be in “disrepair”. Problems with the functioning of essential utilities within the property, like water, gas, and electricity, also fall under the category of disrepair.
A claim against a landlord is primarily intended to ensure that necessary repairs are carried out without delay, providing you with a safe and habitable living space. Nonetheless, as a renter, you do not qualify to file a disrepair claim for your house if you were already planning to relocate or when the landlord has addressed the issue conclusively.
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If, as a renter, you qualify for monetary compensation, it must be because the housing repair issues you are facing have been left unattended to for a long time, thus inflicting suffering or inconveniencing you and your loved ones.
If the above scenario is similar to your case, you may be qualifying to make the disrepair claim. On the other hand, make sure you file the claim before the landlord has addressed the concern or before you move out to be eligible to seek compensation.
What You Need to Know About Housing Disrepair Claims
It is the responsibility of every landlord, regardless of whether they are a private owner, a council, or a housing association, to ensure their properties are safe, secure, and in good repair. If the landlord fails to rectify the issues in the building, it could force the tenant to withstand a hazardous living environment, thus justifying the need to file a claim.
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It is also worth noting that the Homes (Fitness for Human Habitation) Act that was implemented in 2019 gave renters more legal power to protect their rights by compelling the landlord to undertake necessary repair works and make sure the building is in a safe and habitable condition. This legislation places a clear responsibility on landlords to ensure their rental properties meet adequate standards for human habitation.
Should you find yourself living in a property with disrepair issues that your landlord has been made aware of, you might be eligible to pursue legal action through a housing disrepair claim. The claim will help you get your due compensation or force the landlord to repair the building appropriately by addressing all issues hindering your safe enjoyment of the property.