How To Compel Your Landlord To Repair Your Residential Home By Filing A Housing Disrepair Claim
Has your home been affected by issues such as dampness, leaks, or the presence of mould? If you’re experiencing these issues, don’t hesitate to contact a team of legal experts who can help you pursue a housing disrepair claim.
Does the Law Allow Me to File a Housing Disrepair Claim?
Tenants have a legal right to live in a safe and well-maintained property, free from any hazards that could pose a risk to themselves or their families.
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:
- Ensure the building structure and its exterior installations, including drains, external pipes, and gutters, are in good condition.
- 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.
“Disrepair” describes situations where a landlord fails to maintain the property’s structure and exterior in a habitable condition. The state of disrepair can also affect key services and utilities in the building, including electricity, gas, or water supply.
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. Keep in mind that you can no longer file a claim if you’re planning to move out or if the landlord has already rectified the problem.
You might be entitled to financial compensation if the problems you’ve experienced in your home have been ongoing and have caused significant hardship for you or your household.
If the above scenario is similar to your case, you may be qualifying to make the disrepair claim. Act promptly, though, because once the landlord resolves the issue or you vacate the property, you lose the right to claim 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.
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. This legislation places a clear responsibility on landlords to ensure their rental properties meet adequate standards for human habitation.
Tenants facing unresolved disrepair issues despite informing their landlord may have grounds to pursue a legal claim. A successful claim can result in financial compensation and force your landlord to carry out the necessary repairs to make your home safe and habitable.
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