Lambeth Housing Disrepair

Housing Disrepair Claims: What to Do When Your Home Is in Disrepair

Are you getting troubled by incessant dampness, mould, or leakage in your home of residence? In such circumstances, it’s crucial to consult with legal experts who can guide you through the process of making a housing disrepair claim.

Can I File a Housing Disrepair Claim?

The law guarantees tenants the right to a safe and habitable home, free from any disrepair that could cause harm to them or their loved ones.

The Landlord and Tenant Act (LTA) 1985 is a key piece of legislation that establishes the responsibilities of landlords towards their tenants. Section 11 of this act spells out the responsibilities of the landlord to include the following:

• Ensure the building structure and its exterior installations, including drains, external pipes, and gutters, are in good condition.
• Maintain all installations related to water, gas, electricity, and sanitation in a safe and operational state.
• Ensure the systems meant for hot water and space heating are in the right working condition and are repaired promptly whenever they are faulty.

To this regard, disrepair defines instances when the landlord has failed to maintain the property’s general structure and exterior in good and working condition. Problems with the functioning of essential utilities within the property, like water, gas, and electricity, also fall under the category of disrepair.

The main objective of a housing disrepair claim is to get the necessary repairs done quickly so you can live in a safe and comfortable environment. Note that if you intend to vacate the premises, or if the landlord has already addressed the disrepair, you won’t be able to pursue a housing disrepair claim.

You might be entitled to financial compensation if the problems you’ve experienced in your home have been ongoing and have caused significant hardship for you or your household.

If the above scenario is similar to your case, you may be qualifying to make the disrepair claim. Act promptly, though, because once the landlord resolves the issue or you vacate the property, you lose the right to claim compensation.

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What You Need to Know About Housing Disrepair Claims

All landlords, including private owners, councils, and housing associations, have a legal duty to provide safe, secure, and well-maintained properties for their tenants. If the landlord fails to rectify the issues in the building, it could force the tenant to withstand a hazardous living environment, thus justifying the need to file a claim.

The Homes (Fitness for Human Habitation) Act 2019 reinforced the rights of tenants, enabling them to pursue legal recourse against landlords who fail to maintain their properties to a habitable standard. This legislation places a clear responsibility on landlords to ensure their rental properties meet adequate standards for human habitation.

Should you find yourself living in a property with disrepair issues that your landlord has been made aware of, you might be eligible to pursue legal action through a housing disrepair claim. Taking legal action could lead to compensation for the inconvenience caused and force the landlord to rectify the problems with the property.