Housing Disrepair Claims: What to Do When Your Home Is in Disrepair
Are you getting troubled by incessant dampness, mould, or leakage in your home of residence? 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.
Do I Qualify for 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.
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The role of the landlord has been encapsulated in the distinct legal provisions, primarily like 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 building installations for water, electricity, gas, and sanitation are in a good working state and are repaired promptly whenever they are faulty.
- 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”. Furthermore, disrepair encompasses issues affecting the supply of essential utilities, including water, gas, and electricity.
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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About Housing Disrepair Claims
All landlords, including private owners, councils, and housing associations, have a legal duty to provide safe, secure, and well-maintained properties for their tenants. 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. According to this act, it is the duty of the landlord to maintain a secure living space, free of any potential health risks.
If you are still living in a building in disrepair even after having informed the landlord of the issue, it may be the right time to commence legal action against the landlord by making a disrepair claim. Taking legal action could lead to compensation for the inconvenience caused and force the landlord to rectify the problems with the property.