Housing Disrepair Claims: What to Do When Your Home Is in Disrepair
Can I 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.
“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 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:
- Uphold the structural integrity of the property, including its exterior and components such as 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.
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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. Keep in mind that you can no longer file a claim if you’re planning to move out or if the landlord has already rectified the problem.
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. 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
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.
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.
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.
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