Whether your landlord is the council, a housing association, or a private individual, you have the right to live in a home that is in good condition. This means that any issues with the property should be reported to your landlord promptly. If a disrepair issue goes unresolved, this can cause damage to your possessions (for example, damp and mould) or even financial losses and physical injuries.
1. Get in touch with a solicitor
If your landlord fails to meet their responsibilities to make repairs, you can make a housing disrepair claim. This is regardless of whether they’re a private landlord or local council. You can make the claim during or after your tenancy.
If you want to make a housing disrepair claim, it’s best to get in touch with a solicitor first. They can provide you with advice about your responsibilities and explain what you’ll need to do next. They will also advise you if you’re eligible for legal aid.
It’s important to highlight the issues that you have with your property to your landlord. This is known as providing them with notice and should be done in writing, via letter or email. This leaves a paper trail and will help with any court proceedings down the line. It’s also a good idea to take pictures of the damages, as this will strengthen your case. You should always keep a copy of any correspondence between yourself and your landlord. This includes any letters you send, as well as any replies that you receive.
2. Gather evidence
One of the most important steps a tenant must take is gathering evidence to support their claim. This should include any correspondence between you and your landlord or housing association in relation to the disrepair issues, such as emails, letters or recorded phone conversations. This will prove that you made your landlord aware of the issue and they have failed to act.
It is also vital that you keep a record of any damaged possessions you have incurred as a result of living in the property. This includes things like clothes, furniture and soft furnishings such as rugs or cushions. It is also a good idea to have photographs of any damage caused by damp or mould.
Some disrepair issues can even lead to personal injury. For example, damp and mould can exacerbate respiratory conditions such as asthma, or dangerous properties can cause serious injuries such as falls, fractures and lacerations. We can often request a copy of your medical records to demonstrate that the disrepair has affected your health. This can be a key piece of evidence that helps to secure the maximum amount of compensation that you are entitled to.
3. Ask for a repair schedule
Once your solicitor has all of the evidence, they will send a letter to your landlord asking for a repair schedule. This must be done in writing and within 20 working days, allowing your landlord time to respond.
Landlords are obligated to keep properties up to a certain standard and failure to do so could be classed as disrepair. Whether you’re a council tenant with the right to repair scheme or renting through an independent landlord, you can make a disrepair claim for significant repairs that have not been completed. This could include any damages for loss of enjoyment, inconvenience or distress that you’ve suffered as a result of the disrepair.
Visit Website: https://www.united-solicitors.co.uk/personal-injury/housing-disrepair-claims
It’s always a good idea to keep copies of any communications that you have with your landlord, especially if they’re flagrantly ignoring the issue or denying responsibility. These documents will help support your case, particularly if you have had to spend money on other accommodation as a result of the disrepair in your current property. Your solicitor will also ask to see any receipts that you have in relation to damages and costs for cleaning products, heating bills and other expenses incurred due to the disrepair.
4. Give your landlord notice
If you’ve highlighted a problem and your landlord fails to take action, it may be worth considering asking them to let a city agency or an environmental health officer make the repairs. You should always do this in writing and keep copies of your correspondence. If there is a serious disrepair issue that affects your health or safety, it could also be worth considering withholding rent until the repairs have been made. Be careful and speak with a solicitor before doing this though as you don’t want to risk eviction.
Once you’ve contacted a solicitor about making a housing disrepair claim, they will usually arrange an expert to inspect the property and write a report. You should also make sure you have receipts for any damaged items and pictures of the property to back up your case. If your case is successful you will be awarded compensation for the disrepair and any financial loss, distress or inconvenience. United Solicitors are experts in housing disrepair claims and will work hard to get you the maximum compensation possible.
5. Start legal proceedings
Landlords are required by law to ensure that their properties meet certain standards, including being fit for human habitation. If they fail to do so, tenants can make a disrepair claim against them. However, claims are complicated and it’s best to work with a specialist solicitor who can provide the necessary expertise and support.
The first step is to inform your landlord about the issues that you have identified in your home. This is known as providing your landlord with notice and it must be done in writing via letter, email or text message. It’s important to keep a record of this communication as it may come in handy down the line.
Once your landlord has received your notice, they must carry out repairs within a reasonable timeframe or pay compensation. However, they are not permitted to carry out any works without a formal agreement from you. This is in breach of the Disrepair Protocol.
You can claim compensation for a variety of losses incurred as a result of your landlord’s failure to carry out repairs. This includes the value of any items damaged, expenses incurred for obtaining alternative accommodation and inconvenience suffered as a result of living in a property that is unfit for human habitation.
