If you are a tenant living in a rented property that has fallen into disrepair, seek help from our legal team today. Whether you rented an apartment from a housing association, private landlord or local authority, our disrepair claims team can help you get work done and also fight for you to get some form of compensation depending on the severity of the harm done to you.
In This Article,
Ways Tenants Can Find Help For Disrepair Claims:
- Ask Our Specialist Legal Team.
- Contact The Housing Ombudsman.
- Consider The Pre-Action Protocol For Housing Disrepair Claims.
- Small Claims Court.
- Report To The Environmental Health Department.
- Try A Medication Service.
- Consult Your Local Authority.
- Take Legal Action.
- Legal Aid For Disrepair Claims.
What Does Disrepair Mean In Housing?
Disrepair in housing means that a rented house occupied by tenants is in need of repairs to be suitable for tenants to live in. As a tenant, your landlord is obligated by law to make your rental property safe to live in. He must ensure that the property is structurally safe and in good condition.
It can be discomforting to live in a rented house that is almost falling into disrepair. If you are living in a rented apartment that has been poorly maintained by your landlord, you may have a disrepair claim.
If your landlord has failed to keep your house in good condition for your safety and that of your household, you may find out that your house will gradually fall into disrepair, properties may get destroyed and family members negatively affected.
Housing disrepair claims are legal actions taken against a housing association or landlord for failing to carry out necessary repairs in your rental property, causing avoidable suffering or inconveniences to tenants.
Housing Disrepair Case Law
There are housing disrepair case laws and regulations but we’ll be looking at The Landlord and Tenant Act of 1985, which states that in all qualifying tenancy contracts, every rented home must be fit for human habitation.
However, this housing disrepair case law and regulation only applied to houses where the rent is below a particular amount, but still relevant today. The Act ensures that any of the following hazards are not present throughout a tenancy period.
- The House has been abandoned and is in a bad shape.
- The House Is Unstable.
- The House Has A Serious Problem With Damp And Mould.
- The House Has An Unsafe Structure.
- There Is A Problem With Natural Lighting.
- There Is Poor Ventilation.
- There Is A Problem With the Hot Water System.
- The House Has Drainage Problems.
- There’s A Problem With Electricity.
- It Is Difficult To Cook Or Wash Up In the House.
- Some Of The Twenty-nine Hazards Outlined In The 2005 Housing Health and Safety (England) Regulations Are Present In The Rented Property.
Tenants who have a valid housing disrepair claim can find help by going through the below options.
Ask Our Specialist Legal Team
Seeking legal help when you have disrepair issues in your rented property is the first step towards making any successful claims. Legal help is available for tenants when claiming compensation against a negligent landlord.
We can get your house repaired as soon as possible and also claim compensation for any injuries suffered or damages you incurred during this period. If you are a tenant living in a house that has fallen apart and this has impacted your household negatively, we can help.
Our tenant lawyers are experienced in handling disrepair claims by tenants, and they will give you the best advice regarding your unique disrepair matter. Get in touch now.
Contact Housing Ombudsman
Contact the Housing Ombudsman for help regarding your housing disrepair claims, although their decisions are not legally binding. If you are living in a privately rented property and have reported disrepair to your local council, you can also consider complaining to the housing ombudsman.
The Housing Ombudsman Service deals with complaints about housing association landlords. If you are unsatisfied with the council’s feedback on the disrepair matter, they can also help you with disrepair issues if you live in council housing that has fallen into disrepair.
Consider The Pre-Action Protocol For Housing Disrepair Claims.
The purpose of the Pre-Action Protocol for Housing Disrepair Cases is to limit unnecessary litigation, encourage landlords to speed up repairs and ensure that claimants receive compensation.
Following the pre-action protocol can help tenants a great deal in understanding housing disrepair cases. Having basic knowledge on how to claim compensation from your landlord or knowing what to expect can help you during the legal process.
You can speak up if a landlord’s negligence concerning disrepair issues in your home has caused you pain. Follow the pre-action Protocol for disrepair claims and hire an experienced solicitor to represent you and claim the compensation you deserve.
Small Claims Court
A small claim court is a local tribunal established for small dispute resolution services. Small claims courts handle simple disrepair cases to get compensation or reimbursements for affected tenants. Claiming with a small claims court does not involve lots of legal fees and may be an option for claimants.
If you’ve spotted any disrepair issues in your home, notify your landlord as soon as possible in writing. Describe what the problems are and the damage and inconveniences it has cost you, then give him fourteen days to respond. If he ignores your complaint then you can contact a small claims court.
Try A Mediation Service
If you’re a private tenant, try a mediation service to resolve the problem. Tenants can claim for disrepair by trying a mediation service. They can arrange for repair work to be carried out and also award some form of compensation to cover any damages. When a landlord is not repairing property or maintaining it, it may gradually deteriorate and victims of such neglect can get compensation for rental property disrepair.
Contact The Environmental Health Department
If your private landlord has not taken any actions to fix the disrepair problem in your home, you can contact the environmental health department to inspect your home. Before you contact them ensure you have reported repairs to your landlord or letting agent. Then consider making a complaint to your local council if the environmental health officials report a serious disrepair problem that may put you and your family at risk.
Consult Your Local Authority
If you’re a council tenant, complain to the local authority. As a council tenant living in a rental property with disrepair, you may be entitled to claim compensation including compensation for damp and mould and housing association disrepair. You can seek help from your local authority. They will try to resolve the disrepair problems between you and your landlord. If you’re not satisfied with the outcome, then you may try other options.
Take Court Action
If reporting issues to your landlord or making a formal complaint doesn’t help, you have the right to take legal action. Urgent repairs that pose a risk to your safety such as faulty wiring or fire hazards should not be ignored.
You claim compensation for common disrepair problems such as vermin, leaks, damp, mold, cracks, or other structural defects. If you win the case, you may be able to claim compensation for damages including compensation for damages done to your personal properties, personal injury or other inconveniences. Your final compensation award depends on the severity of the injury or damage caused by disrepair.
Legal Aid For Disrepair Claims
Legal aid for disrepair claims is only available to claimants who suffered serious health risks or injuries. Your housing disrepair claim could be covered by this type of funding if you can establish that the disrepair problems in your rental property are hazardous to your well-being.
Discuss your claim with us to know if you qualify for legal aid. We understand that claiming against your local council, social or housing association may seem daunting at the initial stage, but we’re here to make it a seamless process for you. We are very experienced in helping tenants who have suffered in the hands of negligent landlords.
Get In Touch Today
At housing disrepair claims, we provide tenants with specialist legal advice on disrepair matters. If a housing disrepair problem has affected your health negatively, you may be eligible for legal aid funding.
Our best housing disrepair solicitors are willing and happy to discuss your case and are available to clarify any questions you may have. They will also determine if you qualify for legal aid as soon as they review your claim.
If you are a tenant living in a rented property that has fallen into disrepair, you could seek help from our legal team. We guide you through the whole process and provide you with the help you need at every stage in your claim process. Get legal help now by contacting our housing disrepair helpline on 0800 999 7440.