As a tenant, you have the right to live in a property in a good “state of repair”. This means that the property is free from leaks, mould and damp, vermin and insect Infestation, drainage problems among others.
It is the duty of your landlord to ensure that your property is maintained to a reasonable standard of repair. It can be a very embarrassing and uncomfortable experience to live in a badly maintained housing facility. This will not only have its impact on your belongings but also on your health, finances and safety.
When your landlord fails to keep your rental property in a good living condition and repair faulty areas of the property, you can make a housing disrepair claim against your landlord and claim a deserved compensation.
Our housing disrepair solicitors are among the highly related in the UK when it comes to housing disrepair claims and are ready to fight for your health and safety not only by winning you an appropriate compensation amount but also to ensure that the needed repairs are carried out in line with your tenancy agreement.
What is classed as Housing Disrepair?
Housing disrepair describes a rented property which has failed to meet the minimum ideal living conditions and needs repairs in order to make it suitable, safe and comfortable for habitation by tenants.
Housing disrepair claims refer to the legal action taken against a landlord or housing authority by the tenant for negligence and failing to put their living property in a good “state of repair” which has caused health damages, property damages, financial damages or otherwise to the tenant.
Landlord’s Responsibility To Repair
It is your landlord’s responsibility to repair faulty areas in your rented property and ensure you do not suffer damages to your health or incur property losses as a result of disrepair.
The following are the landlord’s responsibility to the tenants living in his property;
- The landlord has to make sure that your house structurally in a good state of repair
- He has to ensure that there is a working heating system
- He also has to see to it that the house is damp and mould free
- Also, adequate sanitation equipment has to be provided
- The landlord also has to put in place safe access to basic house facilities including electricity, gas, water as well as a working heating system
- Furthermore, the landlord has to ensure that the property is free from vermin and insect infestation
- Also, the drainage channels should be working properly to avoid flooding issues
Types of issues that constitute Housing Disrepair
The most common types of house disrepair includes the following;
- Structural Cracks
- Drainage problems and flooding
- Vermin and insect Infestation
- Poor ventilation
- Heater problems
If you have such problems in your home and your landlord fails to carry out the required repairs within a reasonable period of time after you have made your complaints, then you can sue your landlord for a breach of contract and claim a deserved compensation.
Can I Sue My Landlord For Property Damage?
Of course, you can. You can sue your landlord and demand compensation for disrepair and damages you have suffered as a result of failure to attend to damages in your rented apartment. This is where you need our expert housing disrepair solicitors who would guide you on how to make your disrepair claims and help you prove landlord negligence.
Should I file a housing disrepair claim?
Yes, you should make a claim because the law empowers you to do so. Section 11 of The Landlord and Tenant Act (LTA) 1985, which applies to tenancy agreements entered into after 1961, enumerates several obligations of the landlord to his tenants. He has to;
- Maintain to standard the structure and exterior of the property, including drains, gutters and external pipes;
- Keep in repair and proper working condition, the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity, and
- Ensure the installation in the dwelling for the space heating and heating water in repair and proper working order.
Suing Your Landlord For Breach Of Contract
Before suing your landlord for breach of contract, you may want to be sure that you actually have a claim. It will interest you to look at the following eligibility criteria before proceeding to make “compensation for disrepair” claims.
- You should live in a house or an apartment as a tenant
- Your home should be rented either privately or through social housing
- The house is in a state of disrepair for a reasonable period of time
- The disrepair is having severe impacts on your home, health, safety as well as other fellow occupants
- You have made complaints multiple times about the state of disrepair to your housing authority or landlord
- Your landlord has either failed to make the necessary repairs or has made insufficient repair attempts
Here are some of the steps you can take to reach out to your landlord for your disrepair complaints;
- Contact your Landlord and make your complaints. You may want to do this formally by writing.
- Reach out to your landlord again if nothing is done after two weeks of making your initial complaints.
- Wait a further two weeks and send a final letter or email to your landlord if nothing is done about the disrepairs. Give them at least 48 hours to respond to this final letter.
- Reach out to us for legal advice and appropriate steps to make your claims.
How To Prove Landlord Negligence
In order to claim compensation from your landlord it is important you are able to prove landlord negligence. You need to demonstrate evidently that;
- You are living in a home which is in a state of disrepair
- Your landlord has failed to put the house in a good state of repair despite making several complaints
- You have suffered inconveniences, damages to your health, belongings and finance as a result of your landlord’s negligence
How To Claim Compensation From Your Landlord
When you come to us to help you make compensation claims and secure a deserved settlement amount for your housing disrepair claims, we would have a detailed conversation of what has transpired, the extent of damages, steps you have taken to reach your landlord and the responses you have received if any. It is therefore important that you keep copies of all correspondence letters written to your landlord and any you received.
Also, provide pictures or photographs showing the extent or severity of the housing disrepair as well as records of receipts or costs of repairing the disrepair if you have had to do some repair out of your pocket.
Furthermore, if you have suffered damage to your belongings, you will do well to provide proof to that effect and receipts if you have had to replace them. Additionally, you can also include a medical report from a doctor and costs of hospital bills if you or any of the tenants have suffered a health issue as a result of the disrepair.
What Can I Claim For?
When making claims, you can claim;
Damage To Belongings – where your compensation will cover property damages as a result of leaks, burns from faulty electrical appliances, compensation for mould and damp affected books and other belongings.
Personal Injury – of course you can make housing disrepair claims where you have suffered injuries or any form of ill health as a result of the disrepair. Your compensation amount in both cases will depend on the severity of ill health and its impact on your day to day life. Your settlement amount will also take care of whatever financial losses incurred as a result of the damages suffered.
Any other form of inconvenience suffered can also be claimed for. For example, if you couldn’t live in your apartment or couldn’t use certain areas due to insect infestation, leaks, severe mould or flooding.
No Win No Fee funding option for housing disrepair
Our Housing disrepair solicitors follow the standard housing disrepair protocol to ensure that we secure maximum settlement payouts for our clients who are housing disrepair victims. Our solicitors are friendly and approachable and will handle your claims with utmost dedication to duty and professionalism.
We do our very best to ensure that the claims process doesn’t constitute an extra burden to you by making it stress free for you.
Furthermore, you don’t have to worry about making any up-front legal deposits before we can undertake your case. We operate on a strict No Win No Fee policy where you don’t have to pay us a penny if your claims are unsuccessful. However, at the end of a successful case, we will deduct 25% of your settlement payout as a success fee.
Reach out to us today through our hotline or complete our online request form and one of our solicitors will get back to you to set up a meeting at your convenience and discuss your claims.