Housing Disrepair Claims: What to Do When Your Home Is in Disrepair
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?
It is the legal right of any renter of a building to live in a house that is not only safe and secure but also one without any disrepair concerns likely to put you and your family at health and security risk.
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:
- 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.
- Provide adequate heating and hot water by maintaining these systems in good working order.
When a landlord fails to properly maintain a property’s structure and exterior, it is considered to be in “disrepair”. 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. 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.
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.
Should you experience these circumstances, you may qualify for compensation. Act promptly, though, because once the landlord resolves the issue or you vacate the property, you lose the right to claim compensation.
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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.
The Homes (Fitness for Human Habitation) Act 2019 reinforced the rights of tenants, enabling them to pursue legal recourse against landlords who fail to maintain their properties to a habitable standard. Under this Act, landlords are legally obligated to provide a safe and healthy living environment for their tenants.
Tenants facing unresolved disrepair issues despite informing their landlord may have grounds to pursue a legal 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.