What is Housing Disrepair?
As a tenant living within a council house or housing association or Private tenant property you have the right to live in safe and properly maintained property. If you think you have disrepair in your home but do not know what to do, you are not alone. Many UK residents also have no idea what their tenant rights are.
As a tenant, one of the first things you need to learn and understand is your right to seek for solutions if your rented home is in need of repair. It is your right and obligation to inform your landlord and request for action on your disrepair issues. If your landlord fails to respond in the time allotted to them, you can file a housing disrepair Claim.
If you have already reported any of the common types of disrepair conditions to your landlord and they have failed to carry out repairs, we can make them complete the repairs and also Claim compensation.Most Claims are settled within six month with some exceptions.
Above all, if you have suffered the personal effects of this negligence, whether it is your personal, physical or mental health, you have every right to make a Claim. From stress, lack of sleep or personal injuries, you can Claim compensation to cover your rent payments, medical bills or time off work.
What are Common Housing Disrepair Issues?
Common disrepair issues in the UK include the following:
- Damp and mould
- Rodent infestation
- Poor ventilation or lack of or faulty central heating system
- Structural issues
- Broken doors, windows, and gates
- Gas and water leaks
- Defective Boiler or Heating System
- Faulty Electrical Wiring
- Leaking Roof and Gutters
- Unsafe Flooring and Staircases
- Vegetation Growth or Build-Up on Exterior
- Faulty Toilet, Bath, Shower or Sink
- Faulty Gas or Water Supply
- Rodent Infestation
- Wall Cracks and Structural Issues
- Defective or Cracked Windows or Doors
What repairs are landlords responsible for?
Landlords are obligated to repair common areas in the property, such as the stairs and hallway of an apartment building. Their other responsibilities are:
- Issues in hot water and heating
- Problems in the exteriors and structure of the property
- Damaged or broken baths, sinks, basins, drains, pipes, and other sanitation-related fittings
- Faulty electrical wiring
- Damages resulting from attempted repairs
- Issues in ventilation and flues, pipes, and gas appliances
What is Housing Disrepair Protocol?
The Ministry of Justice through the Civil Procedure Rules provide a Housing Disrepair Protocol to be followed if a leaseholder intends to bring such a Claim. The Protocol applies to tenants of rented premises, where it is most frequently used, but it also applies to leaseholders in England & Wales.
In most leases, the landlord is obliged to repair, maintain and insure the exterior, structure and common parts of the building divided into flats. The leaseholder will generally be responsible for the interior of the flat which will, usually, include the plumbing serving the flat, interior surfaces of the walls, floors and window glass. The lease should clarify each party’s obligations.
How can a disrepair Claim be established?
There are two factors that you need to establish when you file housing disrepair compensation:
1. The disrepair is known about.
The landlord already knows that their property is in disrepair because you have informed them several times, or they know beforehand that it is in need of repair.
2. The damage could have been avoided.
The landlord is aware that they have failed to respond and take the needed action. Damage could have been avoided if the landlord exercised their responsibilities.
How can I file a disrepair Claim? What steps should I take?
Contact Us
- We will carry out a free initial assessment of your case. Once instructed to act on your behalf, we’ll allocate you with the best expert for your needs and the first thing we’ll do is write to your landlord giving them formal notice of the disrepair and intended action against them.
- If your landlord has not responded to your repair requests, there are several steps that you should follow.
- First, ensure that you have documented every issue or problem that you reported to your landlord. This can be in the form of photos, videos, email correspondence, or audio recordings. These documents may prove to be useful evidence to make a succesful Claim.
- Your next step is to find a solicitor or team of housing disrepair experts that can help you with all the requirements. They can help you understand your legal choices and responsibilities. Your disrepair team will also help ensure that you properly go through the protocol for housing disrepair cases. A pre-action protocol is outlined in the Landlord and Tenant Act 1985 (LTA85).
Frequently asked questions
