A Guide to Filing Housing Disrepair Colchester Claims
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?
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 Landlord and Tenant Act (LTA) 1985 is a key piece of legislation that establishes the responsibilities of landlords towards their tenants. 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.
- Ensure the systems meant for hot water and space heating are in the right working condition and are repaired promptly whenever they are faulty.
“Disrepair” describes situations where a landlord fails to maintain the property’s structure and exterior in a habitable 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 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. 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. 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.
Understanding Housing Disrepair Claims
It is the duty of the landlord, regardless if they are private, local/council authorities, or housing associations, to maintain their buildings in a secure, safe, and working condition. 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. 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. 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.
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