It can be very distressing when your landlord refuses to repair your home. We understand that living conditions can deteriorate and seriously affect your quality of life.
If you are a tenant, living in rented property which has fallen into disrepair, you may have a disrepair claim against your landlord. If your landlord has failed to repair faults or not kept the house in good condition you may find that your home becomes damaged. All landlords have a legal obligation to maintain the structure and exterior of their property to a reasonable standard of repair.
The landlord’s obligations are set out under several pieces of legislations, namely, the Landlord and Tenant Act (LTA) 1985, which applies to tenancies entered into after 1961. In summary, section 11 ensures the landlord will:
- keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes,
- keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity, and
- keep in repair and proper working order the installation in the dwelling for space heating and heating water.
If your landlord refuses to fix the property, you can force them to do the works and claim compensation. You can receive compensation for a number of different reasons when bringing a Housing Disrepair claim. You can recover compensation for:
- Damage to belongings - you can include the value of this damage in your claim for compensation. Examples of this can include mould-affected clothing and bedding, carpets ruined by a leak or electrical appliances damaged by electrical problems. Compensation for damage to belongings will only cover the cost to you of repairing or replacing the damaged goods. This would mean that you may get less than the cost of the item new, as you would be expected to buy second hand items to replace them. You would need evidence such as photographs, and receipts to show you have had to purchase a replacement or repair the item or items.
- Personal injury – you can claim for any ill health that the disrepair has caused yourself or anyone who is living within the property. The amount of compensation you receive will depend on a number of factors, including the severity of your illness and how long it has lasted. You will also be able to recover any financial losses you have incurred as a result of your illness such as lost earnings.
- Any inconvenience that you have been caused by the disrepair that can either be a miscellaneous cash sum or a partial rebate of your rent for the affected property during the period of disrepair. For example, if you are unable to sleep in your bedroom due to severe mould and damp, you can claim for the effect this had on your ability to use your home.
The amount of compensation you will receive depends on the severity of the disrepair, how long the disrepair has been present and the effect on you as an individual.
We are highly experienced in helping people who have suffered because of failures on the part of their landlord, especially against local councils and housing associations. We understand that making a claim against your landlord may appear daunting at first, but we are here to make sure the process remains as straightforward and stress-free as possible. We will guide you through the entire process, providing the assistance you require every step of the way.
If you feel you may have a housing disrepair claim, get in touch with Clear Law today.
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