A disrepair means unsafe, hazardous condition of a property that lacks repair. A disrepair can pose a health risk to occupants especially if it involves issues with damps and moulds. If your rented property is in need of repair and the landowner doesn’t take any action to fix the damages, then you are experiencing a housing disrepair problem. A lot of other issues cause disrepair in a rented apartment but the most common problems include:
- Rising and Penetrating Damps.
- Leaking Roof and loose tiles.
- Clogged Drains And Gutters.
- Broken or Collapsed Ceilings.
- Electrical Faults that need rewiring.
- Unsafe heating system.
- Rough floors and stairs,
- Broken window frame.
- Insect infestation.
What Is A Disrepair Claim?
When a tenant lives in a rented property with poor living conditions and the landlord does not provide the needed repairs it can lead to a disrepair claim. Disrepair claims by tenants can come in various forms. When issues with damps are not attended to timely, they cause moulds and other complications this is why you must seek legal assistance immediately. Our housing disrepair solicitors offer a no win no fee housing disrepair claim in Manchester. They are among the best housing disrepair solicitors. Call us 0800 999 7440 now for a no win no fee housing disrepair.
Laws Relating To Housing Disrepair Claim
The condition of your apartment can get worse if faults and damages are not repaired. For housing disrepair claims there are laws that can support a tenant. It is important for tenants to also understand the terms of the lease revolving around their tenancy.
- The Landlord And Tenant Act: As a landlord you have a legal responsibility for disrepair as outlined in The Landlord and Tenant Act of 1985. The law requires landlords to rent out houses only fit for human habitation. This act only applied to properties within a particular rent limit. But a new section was introduced -Section 9A, which cleared every rent limit and forced landlords to keep to the terms of lease.
- The New Law: According to the 2018 Act (The Homes Fitness for Human Habitation) which replaced the landlord and tenant act of 1985, property owners must make homes safe for human habitation. Landlords and housing associations are expected to comply with the new legislation regarding the safety and living condition of tenants. Violating the new law by landlords or housing associations can open potential doors for serious legal claims by tenants if the house is unfit for habitation. This law is binding throughout the period of tenancy by the occupants.
Housing Disrepair Obligations For Landlords
Landowners are generally responsible for most repair work in a private rental property. Their duty is to ensure that the home is safe for tenants to live in to avoid claims for disrepair by tenants. All landlords have disrepair duties as stated by the law and must be carried out to avoid pleading guilty for disrepair in the court of law. Below are some requirements from a landlord concerning any rented property he owns.
- Rented property must meet high standards.
- Eliminate any traces of damps and moulds.
- Renovations of exterior and interior structures.
- General Safety with gas pipes and electrical connections.
- Make necessary adjustments for the physically challenged.
- Pest Control, structural maintenance and adequate plumbing system.
- Fire alarms are a legal requirement by landlords.
Housing Disrepair Obligations For Tenants
- Refuse Disposal.
- Pest Infestation.
- Maintain outdoor gardening.
- In charge of decorations, and keeping the environment clean.
- Take Proper care of appliances.
Making A Disrepair Claim
If you are living in a rented accommodation that has fallen into disrepair, you may have a disrepair claim against your landlord. You can make a claim for disrepair especially if you want to claim compensation for mould and damp. These conditions may lead to health and safety risks.
- Notify Your Landlord: You landlord must be aware of any repairs in the first place. Send him a written note explaining the issue in detail.
- Keep Records: Keep a proper record of documents that can help support your housing disrepair claim.
- Access To Apartment: Ensure you allow the landlord to check your apartment to fix repairs so that he won’t use it as a case against you in court. If he has inspected the apartment but still fails to carry out necessary repairs then you have a claim.
- Contact Your Local Authority: If your landlord is aware, but seems reluctant to repair the issues then you can report to your local authority. Go with all records, letters and evidence to support your claim. Your local authority can sanction the landlord regarding your housing disrepair problems. As a victim of disrepair problems, you can claim compensation for damages to your personal property, health problems caused by poor living conditions and any other inconveniences caused.
- Get A Solicitor: If you are not satisfied with the services of your local council, then you can contact a property lawyer. Our housing disrepair solicitors will help you reclaim your right to full compensation by ensuring that the landlord takes responsibility for his actions.
Recent Rise In Housing Disrepair Claims
There has been a recent increase in disrepair claims which has exposed landlords, housing associations and Insurers to a lot of financial risks. Legal claims from tenants have been on the rise, but landlords can avoid this recent exposure to housing disrepair claims. This means that landlords, housing associations and insurers must act faster and smarter to avoid soaring costs from disrepair claims.
Strategies must be put in place as tenants have been more demanding because the landlord is liable for their overall well being. Routine checks can be carried out in all rented properties and records should be taken. Property owners can reduce damage reports from tenants by providing better living conditions as a landlord and responding to all the defects as quickly as possible.
How To Avoid Being Exposed To Housing Disrepair Claims
- Know Your Responsibility: Be aware of your responsibilities as a landlord. Tenants can sue you for negligence if you fail to take action on repairs you are liable for. Know your duties as a landowner.
- Your Property must be fit for human dwelling: You must ensure your rented apartment is fit for stay. A high standard of living is required by landlords to provide for its tenants, so they must be ready to do maintenance work when the need arises due to sudden rise in disrepair claims. Plan all repairs and maintenance work ahead to improve the condition of the property.
- Keep records of any complaints from all occupants: Record keeping can exempt you from housing disrepair claims when the need arises. Compile detailed records of repairs, routine checks and visits to tenants to prevent dispute in the future.
- Repair Faults On Time: Landlords must take responsibility to repair works on time to avoid further damage or spread to other parts of the apartment especially with moulds. Repair exterior structures by replacing damages. Your property must meet good safety standards to avoid being exposed to housing despair claims. The interior and exterior structures must be in order, and electrical appliances should be safe for tenants to use. Take Prompt action to repair damages to avoid disrepair claim.
- Avoid causing privacy Nuisance: For instance, if a landowner doesn’t repair pipes in the roof connecting to other flats and there is a leakage in your apartment causing serious damage it can be seen as a private nuisance.
- Avoid negligence to damages: When a tenant in your rented property reports a damage at first do not neglect their complaints.
- Have a registered Landlord Social insurance: As a registered social landlord, you can have access to funding from the association to renovate the apartment and work on other projects needed.
What causes disrepair?
Disrepair is simply unrepaired faults or damages. If a rented apartment is not safe to live in and necessary repair work is not done it is in a state of housing disrepair. This may include: Rising and Penetrating damp, unsafe heating system, rough floors and stairs, broken window frames, leaking pipes and roofs, faulty wiring, loose tiles and Insect infestation.
Who is responsible for it?
The landlord is responsible for most repair work in his property. Every landowner is liable for the overall living condition of the occupants in his property.
Can I Make A Housing Disrepair claim?
If you have a pending disrepair at your property and you have complained to the landlord but he refused to take any action for months then you can make a housing disrepair claim. Call us now to register your claim if you are eligible- 0800 999 7440
What legal action can you take?
If you are living in a rented accommodation that has fallen into disrepair, you may have a disrepair claim against your landlord. Our experienced housing disrepair solicitors can help you get full compensation if you are eligible for any housing association or housing despair claim. We offer a no win no fee housing solicitors.
How Can Property Owners Avoid Being Exposed To Housing Disrepair Claims?
- Keep property in good condition at all times.
- Never neglect a tenant’s need for repair.
- Prompt repair of faults.
- Know their duties as land owners.
- Take all safety measures.