Have you ever wondered What to do if your landlord isn’t fixing things? We will review the steps you can take in situations like these. Housing disrepair claims can be made against private landlords and housing associations.
These claims are based on the breach of duty of care. Neglecting to repair a tenant’s housing issues, leading to unsafe living conditions, is a breach of the tenancy agreement.
Tenants living under a private landlord can bring the disrepair issues directly to the landlord. Meanwhile, tenants under housing associations may not have direct access to the landlord. In this guide, we will go over the differences and how you can claim either.
What is Housing Disrepair?
A house that does not meet the safety and living standards specified by the law is in housing disrepair when the repairs are neglected. For a place to be in disrepair, the private landlord or housing ombudsman must be given a certain period to carry out the repairs. Neglect will lead to the housing disrepair.
Various issues can lead to housing disrepair. Some examples of housing disrepairs are as follows.
- Structural Issues
- Damp and Mould
- Electrical Problems
- Leaks
- Broken Heating
These issues can be a danger to the tenant’s physical, mental and financial health. Failing to fix these issues makes the landlord or housing association liable for compensation for the damages caused by their neglect.
Disrepair Claim Against Private Landlord Vs. Housing Association
To understand the disrepair claim against private landlord vs. housing association, we must understand the difference between a private landlord and a housing association. Housing associations are nonprofit organizations that provide affordable housing, and private landlords are individuals or companies that offer accommodation.
Making a Disrepair Claim Against a Private Landlord
Being a nonprofit, you might be thinking, can I claim compensation from my housing association? Yes, they have a duty of care for their tenant and breaching that duty makes them liable for compensation.
The first step to making a disrepair claim is to notify your landlord. Once reported, give them a certain period to fix the issues. If they neglect the case, you can proceed with the evidence-gathering step of making a claim.
Gathering evidence is important to make a claim against the landlord and housing association for the disrepair. It helps prove the disrepair and the damages caused by the neglect. Here are a few examples of the evidence that can be gathered at this step.
- Correspondence about the disrepair conditions
- Pictures and video of the disrepair
- Medical reports and bills
- Proof of loss of work
After gathering evidence, you can file for a claim. Consult legal counsel to file a lawsuit in court. Solicitors work on a No Win No Fee policy, allowing you to pay fees only when you win compensation.
Disrepair Claims Against Housing Association
This also includes gathering evidence, as discussed above. The claim filing process for a tenant living under a housing association differs from that of a tenant under a private landlord.
Housing associations have formal procedures for reporting disrepair, including online reporting systems or dedicated repair teams. If a tenant is dissatisfied with this system, they can approach the Ombudsman, adding an extra layer of convenience for the tenant.
This system will help tenants to receive the due compensation for the housing disrepair. It is created to resolve housing disrepair issues without legal action. Knowing your rights as a tenant and a landlord’s obligation is crucial. You have the right to compensation if you live in a housing disrepair. Now you know the difference when it comes to disrepair claim against private landlord vs. housing association.
You can also learn tenant compensation for inconvenience in the UK.