Landlord Guilty of Negligence - Housing Disrepair Claim
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When is a Landlord Guilty of Negligence?

Posted on: Mon Aug 1 | 10:24 AM by: housing

A tenant is entitled to live in a home in a good state of repair- that is a home that is in ideal living conditions. However, there are times certain parts or facilities of the house can fall into disrepair. If this happens, the occupant of the house has to inform the landlord who is expected to carry out an assessment of the problem and carry out the needed repairs as soon as possible.

Landlord Guilty Of Negligence

Although the law only says repairs should be done within a reasonable time, a new legislation introduced in 2015 requires landlords to carry out repairs of major disrepair issues which pose a threat to the health and security of the tenant within two weeks.

Also, the Homes (Fitness for Human Habitation) Act 2018 stipulates that it is the landlord’s responsibility to keep the tenant’s rented property in ideal living conditions.

That being said, a Landlord is guilty of negligence when he fails to heed to the complaints of his tenants and make the living conditions of the tenant ideal.

In these cases, the tenant can make housing disrepair claims against their negligent landlords by reaching out to their housing disrepair solicitors.

The Landlord and Tenant Act (LTA) 1985, Section 11 mentions the duties of a Landlord to their tenants in keeping their rented properties in good condition

Landlord Guilty of Negligence
  • The landlord has to ensure that the exterior of the house is structurally in a good state of repair
  • The landlord has to keep the facilities for space and water heating systems in good and working order such as boilers.
  • The landlord should also provide adequate sanitation equipment
  • He is to ensure that the drainage channels are working properly to avoid flooding
  • It is the duty of the landlord to keep the house free from damp and mould
  • He also has a duty to Keep the property free from rodent, pest and vermin infestation
  • He has to ensure that basic needs such as electricity, gas and water are provided

When a landlord fails in these duties making the house a safety and health risk for the tenants, then the landlord can be said to be negligent.

Common Disrepair Issues Include;

  • Mould and Damp
  • Leaks
  • Flooding and drainage issues
  • Rodent and insect Infestation
  • Structural Cracks
  • Condensation
  • Poor ventilation
  • Faulty space and water heating system, etc.
  • Lack of sewage disposal
  • Any condition posing severe health or fire risk.

Apart from Disrepair issues, there are other actions of the landlord that can be termed negligent or a breach of contract and for which a tenant can make a claim.

These include-

Case Of Wrongful Eviction

There are certain situations where the landlord is within his rights to evict his tenant especially when he fails to live up to his end of the bargain as stipulated in the tenancy agreement.

For instance, if the tenant leases the property to another person or sublets the tenancy, fails to pay rent, willfully damages the facilities in the property or constantly puts the lives and safety of other tenants at risk- then the landlord can exercise his right and follow the right channels to evict the tenant.

However, when the landlord carries out a retaliatory eviction especially when he has been notified by the tenant of a case of disrepair in the home, or the tenant has taken legal actions against him, it is wrong. The landlord has failed in his duty and is guilty of negligence.

Housing Discrimination

It is negligent of the landlord to treat tenants with partiality, discrimination, nepotism or favoritism. When this happens, you can take legal actions against your landlord.

Irrespective of race, color, religion, nationality, sex, disability or familial status, the landlord should treat you with fairness and honesty.

MAKE A CLAIM

Failing To Reimburse You For A Repair You Carried Out

Where you had to carry out a repair which was the landlord’s duty due to its urgency, the landlord is expected to refund the repair cost amount to you. It is negligent on the part of the landlord to fail to respond to a disrepair complaint in his rental property and even more negligent if he fails to reimburse you.

You may have a claim to make in this case.

Other negligent actions include-

Privacy Violations Or Harassment such as cutting off utilities such as electricity or water for no reason, improper or forced entry into the tenant’s property as well as letting others into the tenant’s home without due notice or consent.

These are all negligent actions and you could be entitled to make a claim against your landlord and win a deserved compensation.

How To Claim Compensation From Your Landlord?

Before you sue your negligent landlord, we expect that you first make complaints about the state of your home or about actions you are not comfortable with.

For instance, in a case of disrepair, such as to sue landlord for mold in the UK,

  • Write to your landlord about your disrepair issues you are facing and expect a response within two weeks.
  • If there is no response, reach out to the landlord again by writing. You can also attach photographs showing the extent of disrepair.
  • If he fails to heed to your complaints, write to your local council. They will be able to take up the issue and get your landlord to do the needful. In certain cases, they carry out the repairs and later sort out issues with your landlord.
  • However, when you have gone through these processes without success, reach out to us to help you make a claim for disrepair.

Please be aware that for your claims to be successful, you have to establish clearly that;

  • You live in the landlord’s rental property and that the property is in a state of disrepair
  • The landlord has failed to do the needful despite several attempts to reach out to him to fix the issue
  • You have continued to suffer as a result of the disrepair.
    These could be health issues from mould and damp, properties ruined by damp or fire as a result of faulty connection, etc.

To do this, we will require these documents

  • Your tenancy agreement
  • Copies of letters between you and your landlord.
  • Photographs of the disrepair
  • Medical report on a health issue or personal injury you suffered as a result of the disrepair including hospital bills.
  • Other financial losses

We might also engage an independent surveyor to make an assessment of the state of your home and give a report which will be used to determine your final compensation amount.

Start Your Claim

Things You Can Claim For

Your final settlement amount is not fixed but will be based on the extent of disrepair, the inconveniences and damages it has caused you, the length of time you have had to suffer the disrepair, personal injury suffer, among others.

Example of Housing Disrepair Compensation For Mould And Damp

Disrepair: Mould and Damp for 1 years continuously and damage to possessions.

Rent per month: £1000pcm

Value of rent for the whole period of the claim i.e. 1 year: £12,000

Compensation at 40%: £4,800

Additional compensation amount will come in for the damages to your possession and personal injury, etc.

Housing Disrepair Solicitors No Win No Fee

Our no win no fee landlord negligence and housing disrepair solicitors are experts in handling claims for disrepair and negligent landlords.

We have an enviable track record of success having secured deserving compensation amounts for clients over the years. We put in the work not just to win a case for a client, but to do so in the shortest possible time to relieve them from the suffering they have been enduring for so long.

Additionally, we aim at securing the highest possible compensation amounts and also ensuring that the landlord carries out the much-needed repairs.

Our no win no fee housing disrepair offer still stands where you do not have to pay any legal fee before we can commence handling your claim. Also, you will not even incur any debt should the case be unsuccessful.

Only at the end of a successful case shall we deduct 25% of your settlement payout as “success fee”.

With our expert solicitors, you can be sure of best legal representation, deserving compensation amount, fixing of the problem all at a No win No Fee basis.

Reach out to us today by filling out our online enquiry form or call our helplines displayed on the page to speak to one of our lawyers.

For FREE housing advice, call

Call Us 0800 999 7440

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