What is Housing Disrepair?
Antony Hodari Solicitors are currently helping clients throughout the UK with housing disrepair issues under the Landlord and Tenant Act 1985.
How we can help you to make a housing disrepair claim?
Your landlord is required by law to ensure that your property is kept in good repair. When this does not happen, we may be able to help by taking action on your behalf under Section 11 of the Landlord and Tenant Act 1985. The Act covers all shorthold and secure tenancies, whether the property is owned by a social landlord i.e. Local Authorities and Housing Associations, or a private landlord, which could be an individual landlord or a company.
If you have suffered any inconvenience, injury or illness as a result of disrepair, Antony Hodari Solicitors will work hard to help you receive the maximum compensation as well as making sure the repairs to the property are completed.
In order to make a claim for housing disrepair, we will look to establish the specific terms and conditions of your Tenancy Agreement. Following a review of the agreement, there may be some other landlord obligations that may assist in deciding to what extent your landlord is liable for the disrepair to your property.
Your Landlord’s Obligation and You
As well as keeping the structure and exterior of your property in repair, your landlord is required to ensure that the gas and electricity supply is in proper working order. Your landlord must also ensure that the water facilities are kept in repair and proper working order.
Examples of your landlord’s responsibilities include :
- Ensuring that the water supply is kept in repair and proper working order i.e. water pipes and all other water related usages
- Ensuring that the electricity supply is kept in repair and in proper working order i.e. all electrical wiring from the junction/fuse box to all sockets and light fittings within the property
- Ensuring that the exterior of the property is kept in repair to retain the structural integrity of the premises
- Ensuring that the gas/central heating supply is kept in repair e.g. radiators, gas pipes, boiler and all other gas/central heating related usages
- Ensuring that any external drainage, guttering and all sanitation fixtures i.e. baths, toilets, sinks are kept in repair
- Ensuring that the building is free from structural related damp
Antony Hodari Solicitors will undertake a full survey of your property and assess any damage to determine whether we can take legal action against your landlord for failure to carry out the necessary repairs.
It is important to remember that your landlord is not responsible for the maintenance and repair of everything in your home; for example, your landlord is not obliged to:
- Repair or replace external fencing or garden walls unless they agree to do this in line with your Tenancy Agreement
- Supply a central heating system if a source of heating exists at the property already
- Carry out any repairs to any part of your property if the damage has been caused by you through your own negligence
- Repair any personal items of the tenant i.e. anything you have bought for the house yourself
- Make repairs to skirting boards, internal plaster or internal doors unless they are damaged as a result of external property damage
- Carry out any improvements to your property
Main types of common housing disrepair claims:
The most common types of housing disrepair claims can include compensation claims relating to:
- Health issues. If you have suffered any health related issues as a result of any disrepair within the home, for example chest infections or exasperated asthma because of dampness
- General Inconvenience. If some or most of your house is inhabitable due to the level of disrepair this may be classed as a general inconvenience
- Household belongings damage. If some of your belongings i.e. clothing, bedding, rugs etc. are damaged due to any disrepair, or if any of your items are damaged during any repairs being made, these may also be included
Typical examples of items of disrepair
- Cracks to the external walls – allowing damp or cold air to ingress
- Rotten window or door frames – causing water ingress or wood lice infestation
- Internal walls plaster severely cracked and loose
- Broken & faulty gas boilers
- Leaking pipes – staining on ceilings and walls
- Rotting floorboards – smelly and dangerous to walk on
- Faulty electrics – dangerous
- Loose slate/tiles on roof – water and draught ingress and/or damp patches
- Sanitary fixtures cracked and broken – unfit for use and possibly unhygienic
- Vermin such as mice or rats
If you think that you have housing disrepair issues that your Landlord should have repaired, call to see how we can assist you with making a claim.