If you’re renting from a landlord but your home is in disrepair, it is his duty to make repairs and maintain the property. How can you report the issue to him or take legal action to resolve the disrepair problem? This and other questions will be clarified as you read on. Our expert housing disrepair claims solicitors can also answer any other questions you may have.
Landlord’s Duty Of Care And Obligations
Your landlord is obligated by law to carry out his duties and make the property a conducive, safe place to live for both tenants and their guests. The legal duties are stated in the 1985 Landlord and Tenants Act. If you or a family member sustained an injury in your rental home due to the fault of your landlord, you may be entitled to claim compensation from him.
However, Landlords may not be liable for any damages done by you or your guests. He can’t be held responsible for hazards that they are not aware of. These duties of care owed to you are outlined in the landlord and tenant Act. This obligation is owed to you, your visitors, as well as members of your family. He is responsible for major repairs and general upkeep. The Landlord’s duties of care to you include:
- Provide Suitable Housing.
- Regular Inspection And Maintenance.
- Carry Out Necessary Repairs On Time.
- Maintain Security Locks For Safety.
- Preventing Damage To Personal Property.
- Preventing Personal Injury.
- Preventing Other Structural Defects.
- Following What Is Stipulated In Your Tenancy Agreement.
- Install Basic Amenities In The Property.
- Protect Tenants Right To Peaceful Use Of The Property.
Is The Law On Your Side?
If you’re worried about getting an eviction notice when you claim, you don’t have to suffer in silence. It is understandable when tenants live in dilapidating conditions but decide not to speak up for fear of being forced out of their tenancy. But legally, it is uncalled for and you should consider making a complaint as you are fully backed by law.
Besides, a negligent landlord cannot force you to leave your rental apartment because you complained about repairs. There are guidelines he has to follow for proper eviction as stated by the law if they want you to vacate the property.
You are legally protected if you have a valid claim against your landlord. Tenants have a right to better living conditions which is a safe and secure property. But if a landlord fails to provide security and ensure a tenant’s wellbeing, a housing disrepair claim is eminent.
Common Reasons For Personal Injury Compensation Claims Against Landlords.
There are several ways tenants can suffer injury due to landlord negligence, this is by no means the complete list. Some injuries can happen suddenly, while others take time just like those that result from mould and dampness. Speak with housing disrepair solicitors london no win no fee to know if you could still make a personal injury claim against your landlord.
Just like other personal injury claims, you have three years to pursue compensation claims for personal injury resulting from unrepairs starting from the date of your diagnosis or when the incident occurred. When claiming compensation there are some common injuries caused by disrepair that lead to personal injury compensation claims such as:-
- Carbon monoxide poisoning.
- Cuts From Unsafe Glass Doors Or Windows.
- Difficulty Breathing Caused By Damp And Mould Problems.
- Trips, Slips And Fall.
- Damaged Floors.
- Falls From Wet Flooring.
What You Need To Know When Dealing With Housing Disrepair Claims
Aside from knowing your tenant rights, there are other key things to note when dealing with disrepair or claiming compensation against a negligent landlord.
- Know That You Are Liable For Minor Repairs.
- You Don’t Have A Case If Your Landlord Is Not Aware Of Disrepair.
- You Have A Claim If Disrepair Directly Causes Ill Health.
- You Can Report Directly To Your Local Environmental Health Department If You Require Urgent Repairs.
- You Can Claim Compensation If Your Personal Belongings Were Destroyed As A Direct Result Of Disrepair.
- You Need To Back Up Your Housing Disrepair Claims With Sufficient Evidence To Stand A Chance.
- You Need To Know How To Fund Your Housing Disrepair Claims Manchester And Across The UK.
How To Claim Compensation From Your Landlord?
Disrepair Claims by tenants can be complex and lengthy, but with the right legal support, you’ll sail smoothly. When your property is damaged, it is the landlord’s responsibility to make repairs in a reasonable time frame. But what can you do if your landlord won’t fix it? Below are some steps you can take which we’ll discuss in detail:
- Know What Repairs Your Landlord Is Liable For.
- Mark The Type Of Repairs You Need.
- Gather All Evidence Of Disrepair.
- Notify Your Landlord Verbally And In Writing.
- Get In Touch With The Environmental Health Department.
- Inform Your Landlord About Taking Legal Action.
- Try A Mediation Service.
- Find A Solicitor.
- Pursue Out Of Court Settlement.
- Go To Court.
- Get Compensation.
- Claiming For Inconveniences And Rent Reduction.
1. Know What Repairs Your Landlord Is Liable For.
Your landlord is responsible for major repair work but not improvements to the property such as providing new or latest features to the apartment. If your landlord fails to fix repairs that are his responsibility, you have a right to take further action.
2. Mark The Type Of Repairs You Need.
Identify the type of repairs you need and make sure they aren’t your fault. If you’re a private renter, you’ll be liable for minor repairs such as changing a bulb or replacing a broken one.
3. Gather All Evidence Of Disrepair.
Once you identify the repairs you need, take photographs of the damages. Keep documentation of all correspondence with your landlord including medical reports, receipts, letters, emails, written notes. When making a complaint to your landlord send pictures of the disrepair and let him know that you might take legal action if nothing is done.
4. Notify Your Landlord Verbally And In Writing.
Your landlord won’t be responsible for carrying out any disrepairs until you inform them. Contact your landlord immediately if you notice minor faults that can easily deteriorate or cause damage to your personal property or that of the landlord. If you have lodged a complaint verbally, you should also notify your landlord in writing to have a record.
Most times, you need to establish that your landlord is aware of the disrepair problems in your flat. Getting a written record can help you with your complaint. As long as your landlord is aware of the poor condition of your property and you have given a reasonable time to fix it, then you can hold that against him when you take legal action.
5. Get In Touch With The Environmental Health Department.
You should consider informing the environmental health department if the disrepair in your home has resulted in ill health. If your landlord is not responding to your complaints, they will inspect your home and give you a report. If they think you’re in an unsafe property, they might carry out emergency repairs and charge your landlord.
6. Try A Mediation Service.
Try other means to resolve or settle issues with your landlord. Litigation should be a last resort, as most claims are settled even before they go to court. But if your disrepair matter ends up in court, they would want to know whether you tried alternative dispute resolution methods to address the problem.
7. Inform Your Landlord About Taking Legal Action.
If you don’t get a favourable response from your local council health department, then you could take further action and inform Your Landlord about your decision.
8. Find A Solicitor.
Where you have decided to take legal action against your landlord for disrepair, get a specialist disrepair claims solicitor. Having the right legal support can help your compensation claim. If you want to sue the landlord for mold uk, get in touch with no win no fee solicitors property damage experts who can provide you with legal advice.
9. Pursue Out Of Court Settlement.
Consider an out-of-court settlement, but if you and your landlord don’t reach a common ground the disrepair claim can be taken to court. However, this is rare and should be the last resort.
10. Go To Court.
At this stage, your solicitor will go through the pre-action protocol before starting court proceedings. You need an experienced housing lawyer to represent your case.
11. Get Compensation.
The court determines your final compensation award if you win the case.
12. Claiming For Inconveniences And Rent Reduction.
You may be able to claim compensation for any disruptions or inconveniences disrepair has caused you, including rent reduction if eligible.
Disrepair laws can be difficult, this is why you need to know your rights as a tenant. When things go wrong, this can help you when claiming compensation from your Landlord. Speak with the best housing disrepair solicitors to find out more about how to claim compensation from your landlord for disrepair.