Housing Disrepair Claims: What to Do When Your Addiscombe Home Is in Disrepair
Are you getting troubled by incessant dampness, mould, or leakage in your home of residence? If yes, it is best to seek professional support immediately to guide you into filing a housing disrepair claim.
Can I File a Housing Disrepair Claim?
The law guarantees tenants the right to a safe and habitable home, free from any disrepair that could cause harm to them or their loved ones.
The Landlord and Tenant Act (LTA) 1985 is a key piece of legislation that establishes the responsibilities of landlords towards their tenants. Under Section 11 of this Act, landlords are obligated to:
- Uphold the structural integrity of the property, including its exterior and components such as pipes, drains, and gutters.
- Guarantee the proper functioning and maintenance of utilities such as water, gas, electricity, and sanitation within the property.
- 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. Note that if you intend to vacate the premises, or if the landlord has already addressed the disrepair, you won’t be able to pursue a housing disrepair claim.
Eligibility for financial compensation in housing disrepair cases hinges on the landlord’s failure to address significant issues within a reasonable timeframe, leading to prolonged hardship, inconvenience, or even health problems for tenants.
You may be entitled to financial compensation if your landlord is neglecting their duty to provide a safe and habitable home. But since time is of the essence, seek legal advice immediately as your opportunity to claim is lost once the disrepair is resolved or you vacate the premises.
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Understanding Housing Disrepair Claims
It is the duty of the landlord, regardless if they are private, local/council authorities, or housing associations, to maintain their buildings in a secure, safe, and working condition. Tenants may have grounds to file a claim if their landlord fails to uphold these responsibilities, leading to unsafe or unhealthy living conditions.
Introduced in 2019, the Homes (Fitness for Human Habitation) Act reinforces the rights of tenants to live in safe and suitable housing, enabling them to pursue legal action against negligent landlords. Under this Act, landlords are legally obligated to provide a safe and healthy living environment for their tenants.
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. Taking legal action could lead to compensation for the inconvenience caused and force the landlord to rectify the problems with the property.