A Guide to Filing Housing Disrepair Claims
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.
Can I 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 the LTA 1985 specifically states that landlords must:
- 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.
- Ensure the systems meant for hot water and space heating are in the right working condition and are repaired promptly whenever they are faulty.
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.
The main goal of filing a claim against a landlord is to make sure that proper repair works are carried out and completed quickly to ensure the house occupier enjoys living in a functioning and safe environment. 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.
Should you experience these circumstances, you may qualify for compensation. 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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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. 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. According to this act, it is the duty of the landlord to maintain a secure living space, free of any potential health risks.
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. 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.