A Guide to Filing Housing Disrepair Claims
Are you getting troubled by incessant dampness, mould, or leakage in your home of residence? If yes, it is best to seek professional support immediately to guide you into filing a housing disrepair claim.
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.
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.
- Guarantee the proper functioning and maintenance of utilities such as water, gas, electricity, and sanitation within the property.
- Ensure the systems meant for hot water and space heating are in the right working condition and are repaired promptly whenever they are faulty.
To this regard, disrepair defines instances when the landlord has failed to maintain the property’s general structure and exterior in good and working condition. Furthermore, disrepair encompasses issues affecting the supply of essential utilities, including water, gas, and electricity.
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. 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.
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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.
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
It is the responsibility of every landlord, regardless of whether they are a private owner, a council, or a housing association, to ensure their properties are safe, secure, and in good repair. 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. 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.