For Disrepair
How To Compel Your Landlord To Repair Your Residential Home By Filing A Housing Disrepair Claim
Are you getting troubled by incessant dampness, mould, or leakage in your home of residence? If you’re experiencing these issues, don’t hesitate to contact a team of legal experts who can help you pursue 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.
Landlords have specific legal obligations to their tenants, primarily defined by the Landlord and Tenant Act (LTA) 1985. Section 11 of the LTA 1985 specifically states that landlords must:
- Ensure the building structure and its exterior installations, including drains, external pipes, and gutters, are in good condition.
- Maintain building installations for water, electricity, gas, and sanitation are in a good working state and are repaired promptly whenever they are faulty.
- Guarantee the reliable operation of space heating and hot water systems.
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When a landlord fails to properly maintain a property’s structure and exterior, it is considered to be in “disrepair”. The state of disrepair can also affect key services and utilities in the building, including electricity, gas, or water supply.
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.
If, as a renter, you qualify for monetary compensation, it must be because the housing repair issues you are facing have been left unattended to for a long time, thus inflicting suffering or inconveniencing you and your loved ones.
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.
About Housing Disrepair Claims
It is the duty of the landlord, regardless if they are private, local/council authorities, or housing associations, to maintain their buildings in a secure, safe, and working condition. Tenants may have grounds to file a claim if their landlord fails to uphold these responsibilities, leading to unsafe or unhealthy living conditions.
Introduced in 2019, the Homes (Fitness for Human Habitation) Act reinforces the rights of tenants to live in safe and suitable housing, enabling them to pursue legal action against negligent landlords. Under this Act, landlords are legally obligated to provide a safe and healthy living environment for their tenants.
If you are still living in a building in disrepair even after having informed the landlord of the issue, it may be the right time to commence legal action against the landlord by making a disrepair claim. The claim will help you get your due compensation or force the landlord to repair the building appropriately by addressing all issues hindering your safe enjoyment of the property.