A Guide to Filing Housing Disrepair Claims in Croydon
Are you dealing with the unpleasant effects of dampness, leakage, or mould in your home? 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 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:
- 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.
- Provide adequate heating and hot water by maintaining these systems in good working order.
“Disrepair” describes situations where a landlord fails to maintain the property’s structure and exterior in a habitable condition. The state of disrepair can also affect key services and utilities in the building, including electricity, gas, or water supply.
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.
Eligibility for financial compensation in housing disrepair cases hinges on the landlord’s failure to address significant issues within a reasonable timeframe, leading to prolonged hardship, inconvenience, or even health problems for tenants.
If the above scenario is similar to your case, you may be qualifying to make the disrepair claim. 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 who are subjected to unsafe or unhealthy living conditions due to their landlord’s negligence may be eligible to file a housing disrepair claim.
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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.
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. 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.