If your rented property is in a state of disrepair and your landlord refuses to fix the issues, you have the legal right to make a housing disrepair claim. To make a claim, report the disrepair to your landlord, gather evidence, and file a legal claim if they fail to act. This guide explores how to make housing disrepair claims against your landlord. The step-by-step process to help you seek repairs and potential compensation.
Step 1: Understand Your Rights as a Tenant
Before making a claim, it’s essential to know your rights. Landlords are legally obligated to ensure the property is safe and habitable. Common disrepair issues include:
- Damp and mold
- Structural damage (walls, roofs, ceilings)
- Plumbing and drainage problems
- Heating and electrical faults
- Pest infestations
Read this information also: How Much Compensation for Damp and Mould UK?
Under the Landlord and Tenant Act 1985, landlords must address repairs promptly when reported.
Step 2: Identify the Disrepair Issues
Make a list of all the repair issues in your home. Ensure the issues are the landlord’s responsibility and not damage caused by you or another tenant. Some repairs, such as general maintenance, maybe the tenant’s duty.
Step 3: Report the Disrepair to Your Landlord
Notify your landlord in writing about the issues. Include:
- A clear description of the problem
- Photos or videos as evidence
- Dates when you first noticed the issue
- Any prior communication regarding the problem
Ensure your request is documented in case further legal action is necessary.
Step 4: Allow Reasonable Time for Repairs
Landlords must fix urgent repairs (e.g., gas leaks, water leaks) promptly. Other repairs should be completed within a reasonable time. If your landlord ignores your request or delays excessively, you can escalate the matter.
Step 5: Gather Evidence for Your Claim
If the landlord fails to take action, collect additional evidence to strengthen your case:
- Copies of written complaints and responses
- Photos and videos of worsening conditions
- Medical records if health has been affected
- Witness statements from other tenants or neighbours
- Receipts for any related expenses (e.g., higher heating bills due to faulty heating systems)
Step 6: Contact Your Local Council or Housing Authority
You can report the issue to your local council’s Environmental Health department. They can inspect your home and issue an Improvement Notice if necessary. This legal notice compels the landlord to carry out repairs.
Step 7: Seek Legal Advice
If the landlord continues to ignore the problem, consult a housing solicitor or legal expert. Many solicitors work on a no-win, no-fee basis, meaning you won’t have to pay unless you win the claim.
Step 8: File a Housing Disrepair Claim
With legal support, you can formally file a housing disrepair claim. You may be entitled to compensation for:
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Inconvenience:
Disruptions caused by the disrepair
-
Health impacts:
If the issue has worsened a medical condition
-
Financial loss:
Extra costs incurred due to the landlord’s negligence
Step 9: Attend Court Proceedings (If Necessary)
If the case goes to court, you may need to attend hearings. Your solicitor will present evidence to support your claim. Courts can order landlords to complete repairs and pay compensation.
Step 10: Follow Up and Ensure Repairs Are Completed
After a successful claim, monitor whether the landlord carries out the repairs as agreed. If they fail to comply, you may need further legal enforcement.
Conclusion
To make a housing disrepair claim against your landlord, report the issue in writing, gather evidence, and allow reasonable time for repairs. If ignored, seek legal advice and file a formal claim for repairs and compensation. Making a housing disrepair claim against your landlord requires persistence and legal understanding. By following these steps, you can hold your landlord accountable, improve your living conditions, and secure compensation for any distress or financial loss. If in doubt, seek professional legal guidance to strengthen your case and protect your rights.
