The most recent English Housing Survey shows there over 75,000 “non-decent” homes in the UK and the number is steadily increasing every year. We at the firm have seen firsthand the sheer number of tenants who are seeking to initiate lawsuits against their negligent landlord. Our clients are just a tiny fraction of renters living in a state of disrepair. The majority of tenants are unaware of their rights and the options they have.
For privately rented properties If your tenancy started on or after the 24th of October, 1961 and it’s not for a set period of more than 7 years, the landlord is subject to s.11 of the Landlord and Tenant Act 1985, which imposes in every tenancy agreement the absolute obligation to maintain the exterior and the structure of the building in good condition and to maintain in good functioning order all appliances related with the provision of gas, water and electricity spaces heating, sanitation or heating water. This is a perpetual obligation that runs until the time your tenure ends.
In the case of Councils or others who are social landlords, exactly the same is true. Social landlords are all bound by the legal obligation of care to ensure that the tenant’s house is in compliance with standards of the Decent Homes Standard, as in addition to all other laws which establishes standards for environmental, health safety, and health and safety for humans.
It’s a given the landlords, whether social or otherwise, won’t be held to this standard in the event that they haven’t been informed of any disrepair issues There are numerous instances that establish this as legal. It is not required to be written however it can make the process of bringing legal action easier and therefore it is recommended to record your repair report in writing whether via email or other means. If, however, you have not written down the issues and you can show that the landlord knows about condition within your home (or ought to be) You can still seek an action.
If you’ve made a report of the condition of your home and your landlord, local authority or housing association is not responding in a timely fashion and promptly, you should speak with an attorney who can assist in filing a housing-related claim.
A housing condition claim is sending an email to your landlord and advising them that you will bring them to court, and describing the issues about which they were notified and have not been able to or refuse to correct. The letter should include an exact date by which the landlord must have provided their response. If there isn’t a response by the deadline the court can begin proceedings.
In the event of disrepair, it could be beneficial to schedule an inspector to visit your home and write an account of the problems and how they may be impacting your life. If the issue is brought to the court, this report could be used to prove your case.
There are two items to seek when filing an action for housing conditions. The first is known as an injunction or order for specific performance which is basically an order from a Court Order telling your landlord to make the repairs they’ve not done. The landlord could be found in contempt of the court when they fail to finish the task ordered. If the issue you are experiencing demands immediate action such as when you’re having problems regarding heating or water supply it is possible that you will be able to secure an interim injunction that is obtainable by the Court quicker.
The other is damages, that is the official definition for compensation. It can be granted by the Court in the event that the Judge determines that you owe funds due to the repair issues. You could receive General Damages that are awarded to compensate for the suffering or loss (which cannot be precisely calculated) and any inconvenience that you’ve caused. If you’ve lost certain objects due to damage like, for instance, when there is mold within your home that has destroyed a portion of your possessions You may also be awarded Special Damages that are calculated on the value of the actual items that you’ve lost. In addition, Exemplary Damages are granted when the behavior of the defendant (i.e. the housing company, your landlord, or the local government) is determined to be intentionally malicious. It could be the case for the case where you can show that your landlord did not make the repairs due to it was, for instance, because of personal resentment, or because they discriminated against you.
It is vital that tenants are aware of their rights with regards to maintenance and repairs of their property. However, the law could be unclear, which could lead to people being forced to live in homes that aren’t suitable for them to reside in. If you’re in doubt regarding the condition of your property and think you are in a position to take actions against your landlord, call our housing department and start the process of exercising your rights as a tenant.
Are you in a poor condition in your home? If your property that you rent falls below the minimum living standards and needs repairs to stop mold, damp, and so on contact housing disrepair solicitors like SilverOak to learn what they can do to ensure the best results you can get.
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