Housing Disrepair Claims: What to Do When Your Home Is in Disrepair
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.
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.
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 building installations for water, electricity, gas, and sanitation are in a good working state and are repaired promptly whenever they are faulty.
- Guarantee the reliable operation of space heating and hot water systems.
“Disrepair” describes situations where a landlord fails to maintain the property’s structure and exterior in a habitable condition. 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.
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.
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. 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.
The Homes (Fitness for Human Habitation) Act 2019 reinforced the rights of tenants, enabling them to pursue legal recourse against landlords who fail to maintain their properties to a habitable standard. 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. 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.