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.
Do I Qualify for 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 this act spells out the responsibilities of the landlord to include the following:
- 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. The state of disrepair can also affect key services and utilities in the building, including electricity, gas, or water supply.
A claim against a landlord is primarily intended to ensure that necessary repairs are carried out without delay, providing you with a safe and habitable living space. 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.
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. 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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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. Tenants may have grounds to file a claim if their landlord fails to uphold these responsibilities, leading to unsafe or unhealthy living conditions.
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. This legislation places a clear responsibility on landlords to ensure their rental properties meet adequate standards for human habitation.
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. 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.