SZA Legal
Housing Disrepair Claims
A rented property is deemed to be in the state of disrepair if the property requires repairs in order to bring it to property into a state that is habitable, safe and fit for occupation by a tenant. The legal rights of private tenants and housing association tenants are equal and they are able to bring a claim if their property falls into a state of disrepair.
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Housing Disrepair
Housing Disrepair Claims
A rented property is deemed to be in the state of disrepair if the property requires repairs in order to bring it to property into a state that is habitable, safe and fit for occupation by a tenant. The legal rights of private tenants and housing association tenants are equal and they are able to bring a claim if their property falls into a state of disrepair.
Responsibilities
What are the legal responsibilities of landlords/housing association?
The law states that the landlord/housing associated is required by law to ensure that they comply with the following requirements:
- Your property has a full functioning heating system.
- The structure and roof is intact and does not have any damage.
- Ensure that there is access to fully working water, gas and electricity.
- Property is free from vermin and infestations.
- Windows and doors are not damaged and are fully functioning.
- This list is not exhausted and there are other obligations which must be followed.
Landlords/Housing association can not request payment from the tenant for the cost of any repairs. The ultimate responsibility lies with them to ensure that repairs are undertaken and the property is safe.
Responsibilities
What type of issues can you claim compensation for?
- Damp/Mould
- Damage to personal property
- Insect/vermin infestation
- Fault electrics
- Structural damage
- Broken boiler
- Gas & Water Leaks
- Defective windows and doors
Ready to claim?
How do you claim?
There are a number of obligations which need to be satisfied before a they can bring a claim. You can make a claim for housing disrepair against your landlord or housing association if;
1)
If you are living in a rented property which requires repairs, your landlord is responsible to ensure that the property is safe. If you have suffered personal injury and/or other financial losses which was caused by the disrepair, you may also have a claim for compensation.
As soon as you notice that your property may be in a state of disrepair, you must ensure you have documented the issues. This includes, taking pictures and videos, writing detailed notes with a detailed description and dates of the disrepair and further notes if the disrepair worsens.
2)
You must formally notify your landlord or the housing association of the disrepair in your property. Ensure that you keep a lot of all correspondences including replies which you have received. You must provide a reasonable amount of time for the repairs to be carried out so that the property is functioning, safe and habitable.
3)
If you have given a reasonable amount of time to your landlord/housing and they have not repaired the damage to your property, Contact us here and complete the short questionnaire.
One of our legal professionals will review the details of your claim and any supporting documentation/evidence. We will then asses the validity of the claim along with the prospects of success and explain your options.
If you choose to engage us as your legal representatives and are happy for us to proceed with the claim, you will agree to a ‘Conditional Fee Agreement’ which means that your case will be dealt with on a ‘No Win No Fee’ basis.
Once engaged our team of legal experts will ensure that we notify the other side of our intention to bring a claim, obtain expert reports to support your claim, attempt to settle the case as soon as possible and commence court action if we can’t reach an agreement.