Birmingham 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? In such circumstances, it’s crucial to consult with legal experts who can guide you through the process of making 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.
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 the LTA 1985 specifically states that landlords must:
- Keep the property’s structure and exterior in good repair, including components such as external pipes, drains, and gutters.
- Maintain all installations related to water, gas, electricity, and sanitation in a safe and operational state.
- Guarantee the reliable operation of space heating and hot water systems.
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.
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. 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.
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Understanding 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. 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.
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. Under this Act, landlords are legally obligated to provide a safe and healthy living environment for their tenants.
Tenants facing unresolved disrepair issues despite informing their landlord may have grounds to pursue a legal 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.