A Guide to Filing Housing Disrepair Claims
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.
Can I File a Housing Disrepair Claim?
The law guarantees tenants the right to a safe and habitable home, free from any disrepair that could cause harm to them or their loved ones.
Landlords have specific legal obligations to their tenants, primarily defined by the Landlord and Tenant Act (LTA) 1985. Under Section 11 of this Act, landlords are obligated to:
- Uphold the structural integrity of the property, including its exterior and components such as 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. Furthermore, disrepair encompasses issues affecting the supply of essential utilities, including water, gas, and electricity.
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. Nonetheless, as a renter, you do not qualify to file a disrepair claim for your house if you were already planning to relocate or when the landlord has addressed the issue conclusively.
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.
Should you experience these circumstances, you may qualify for compensation. On the other hand, make sure you file the claim before the landlord has addressed the concern or before you move out to be eligible to seek compensation.
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What You Need to Know About 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.
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.
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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.