A Guide to Filing Housing Disrepair Claims Derby
Are you dealing with the unpleasant effects of dampness, leakage, or mould in your home? If yes, it is best to seek professional support immediately to guide you into filing a housing disrepair claim.
Does the Law Allow Me to 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.
- Guarantee the proper functioning and maintenance of utilities such as water, gas, electricity, and sanitation within the property.
- Guarantee the reliable operation of space heating and hot water systems.
To this regard, disrepair defines instances when the landlord has failed to maintain the property’s general structure and exterior in good and working condition. Problems with the functioning of essential utilities within the property, like water, gas, and electricity, also fall under the category of disrepair.
The main objective of a housing disrepair claim is to get the necessary repairs done quickly so you can live in a safe and comfortable environment. 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.
If, as a renter, you qualify for monetary compensation, it must be because the housing repair issues you are facing have been left unattended to for a long time, thus inflicting suffering or inconveniencing you and your loved ones.
You may be entitled to financial compensation if your landlord is neglecting their duty to provide a safe and habitable home. 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
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. Under this Act, landlords are legally obligated to provide a safe and healthy living environment for their tenants.
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.