A Guide to Filing Housing Disrepair Claims Gillingham
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.
Does the Law Allow Me to 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 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.
- Provide adequate heating and hot water by maintaining these systems in good working order.
“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 objective of a housing disrepair claim is to get the necessary repairs done quickly so you can live in a safe and comfortable 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.
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.
Should you experience these circumstances, you may qualify for compensation. 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.
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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. Under this Act, landlords are legally obligated to provide a safe and healthy living environment for their tenants.
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.