Housing disrepair refers to the landlord’s negligence by not doing necessary repairs to the property. If a landlord is aware of the repairs and is willingly not carrying them out, it is called housing disrepair.
A tenant can file a claim against their landlord for not providing a safe and liveable condition by failing to maintain and repair the property. A pre-action protocol defines a set of instructions to resolve the claim swiftly.
Legal Background
A tenant has the right to live in a safe property that does not harm their physical, mental, or financial health. It is the obligation of the landlord to provide and maintain such conditions.
Suppose a tenant is living in a property with housing disrepair. In that case, they may get compensation from the landlord for the damages inflicted by the conditions according to UK law.
What is the housing disrepair protocol in the UK?
The role of the pre-action protocol is to promote a dialogue of out-of-court resolution before the case proceedings begin. As fighting a case can be expensive for all parties involved, this protocol helps mitigate that financial strain. It forces both parties to consider alternate resolution methods.
Some of the benefits of pre-action protocol for housing disrepair.
- Quicker repair responses from landlords.
- Avoiding costly and time-consuming litigation, saving both time and legal expenses.
- Structured approach to making complaints about disrepair.
Housing Disrepair Pre-Action Protocol
Here is a step-by-step breakdown of the housing disrepair pre-action protocol.
Letter of Claim
Letter of claim is also known as pre action protocol letter. What is a pre action protocol letter? A letter of claim is sent to the landlord along with a copy of the tenancy agreement, expert reports, and case details.
You can also learn housing disrepair claims criteria.
Response from The Landlord
The landlord will get 20 days to respond to the claim letter. This time limit will start two days after posting the claim letter. Court proceedings can be started immediately after the deadline.
According to the pre-action protocol for housing disrepair landlord’s reply should contain the following details.
- Contact information of the legal representative and any other relevant person
- Response to any mediatory and inspection expert suggestions in the claim letter.
- Response to the validity of the claim. Include the reasoning along with actions that will be taken to rectify the issues. The offer of compensation.
Tenant Responsibilities
A tenant living in subpar conditions should seek legal advice. They can avail themselves of no-win, no-fee policies usually offered in these claims. According to this policy, legal fees are only charged from the winning compensation. If the tenant loses, then no fee is charged,
Documentation and evidence gathering are crucial in building a strong compensation case. This includes documentation of the correspondence with the landlord. Pictures, videos, and inspection reports of the disrepair should also be collected.
Landlord Responsibilities
Landlords have a duty to maintain and repair their rented-out properties. Failing to do so is considered negligence, opening them up for legal trouble. They should always keep up with maintenance and provide swift repairs to avoid causing any suffering to the tenants. In conclusion, the housing disrepair pre-action protocol is essential for tenants and landlords. It provides a structured legal framework for addressing housing disrepair issues. It encourages quick, cheap, and out-of-court resolutions.