How To Compel Your Landlord To Repair Your Residential Home By Filing A Housing Disrepair Claim
Has your home been affected by issues such as dampness, leaks, or the presence of mould? 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 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:
- Ensure the building structure and its exterior installations, including drains, external pipes, and gutters, are in good condition.
- 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. 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.
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.
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.
Understanding 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.
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. 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.