Landlords renting out properties to tenants have a responsibility to provide safe and livable conditions. The landlord must maintain these conditions throughout the tenants’ stay. If the landlord fails to do so, actions can be taken against them in a court of law.
Housing Disrepair and Its Impact on Tenants.
Housing disrepair occurs when a rented house does not meet the standard of living conditions and needs to be repaired ASAP to provide a suitable and safe environment for the tenants. These repairs are to be carried out by the landlord.
Housing disrepair can threaten the safety and health of the tenant. Neglect on the part of the landlord can cause issues to the well-being of the tenant. These disrepairs should be addressed as urgently as possible.
You can also learn how to start disrepair claim against private landlord.
Housing Disrepair Claims Criteria
Tenants who fulfil the housing disrepair claims criteria can file a claim against the landlord in a court of law. In order to file a claim, the landlord must be notified and given sufficient time to carry out the repairs.
If the landlord fails to do the repairs and you have proof of the correspondence of such maintenance, then you can file for a claim. You’ll need to have the following documents to make your case for the claim:
- A copy of the agreement
- Copies of the correspondence
- Documentation of what needs to be repaired, i.e., photos and videos.
- A list of items that the disrepair might have damaged.
- Copies of medical reports that might be directly related to the disrepair.
Types of Eligible Disrepair
Here are some common examples of what is considered as disrepair:
- Damp and Mould
- Leaks and Water Damage
- Electrical Problems
- Broken Heating Systems
- Pest Infestations
- Structural Damage
- Gas Safety Issues
- Lack of Essential Services
- Inadequate Security
If the issues mentioned above are severe enough to make a property uninhabitable, it is considered to be in disrepair, and a claim can be filed.
Housing Disrepair Compensation and Damages
When a tenant wins a claim of disrepair, the landlord must provide the repairs along with the compensation for the damages caused to the tenant. These damages are divided into the following categories:
General Damages
These damages refer to the discomfort and inconvenience caused to the tenant by the disrepair of the house. This type of damage can be adjusted into the future rent payments that the tenant will make, or they can be awarded to the tenant immediately, based on a percentage ranging from 25% to 50%.
How much compensation can you get for housing disrepair claims?
So, if the rent for the property is £1500 and it has been in disrepair for three months, then the compensation can be calculated as (1500 x 25%) x 3= £1125. Calculating payment of 50% with the same conditions would come out as (1500 x 50%) x 3= £2250.
Special Damages
These are the damages that are directly related to a monetary loss. These damages can either be a loss of an appliance due to wiring disrepair or heating bills due to broken air conditioning. The more financial loss you are able to prove, the better compensation you will be able to get.
These damages will also include your medical bills that might have been incurred due to unsafe conditions and neglect of repairs on the part of the landlord.
What is the limitation on housing disrepair claims?
The limitation on housing disrepair claims is six years when it comes to the breach of contract in providing liveable housing and three years for claims on personal injuries.
Legal Costs
Taking a claim to a court can be a costly affair, considering the legal fees are directly related to the amount of the claim. The higher the claim, the higher the cost of taking it to court. The cost of housing disrepair claims depends on the details of the case itself.
Fulfilling the housing disrepair claims criteria does not directly relate to a win in the court. Tenants who want to pursue a case should seek expert legal advice from solicitors who have experience in the field.
Tenants can sign an agreement with the housing disrepair solicitors representing them, which is called a no-win, no-fee agreement. According to this agreement, the lawyers take a percentage of the claim when the tenant wins the case. In the event of a loss, no fee is incurred by the tenant.
Conclusion
Thousands of tenants across the United Kingdom are living in disrepair properties and unaware of their rights. It is their right to take action against their landlords and hold them accountable for the state of their properties. If you fulfil the criteria and are living in a property that does not meet the safety standards defined by the housing disrepair law, then you should seek legal help to file your case for a claim against your landlord.