housing disrepair claims

housing disrepair claims

Is your house in disrepair? As a tenant you have a legal right to live in safe and suitable property that is free from any issues of disrepair.

Is your house in disrepair? As a tenant you have a legal right to live in safe and suitable property that is free from any issues of disrepair.

Requirements by law for landlords

Landlords are required by law to ensure that your property is kept in a good state of repair and to rectify faults when they arise. When this does not happen, you may be able to make a claim against your landlord under Section 11 of the Landlord & Tenant Act 1985 and the Homes (Fitness for Human Habitation Act) 2018.

A landlord breaches its repairing covenant when it was on notice of an item of disrepair, and it failed to carry out the repair within a reasonable period.

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Homes (Fitness for Human Habitation Act) 2018

seeks to improve housing conditions and places a requirement upon landlords that homes should be โ€˜Fit for Human Habitation

Homes (Fitness for Human Habitation Act) 2018

Property in disrepair, or unfit for human habitation?

If your property is suffering from disrepair or you believe that it is unfit for human habitation first and foremost you must report the issues to your landlord

Property in disrepair, or unfit for human habitation?

Who is Responsible for Repairs?

As a tenant it can be difficult to determine who is responsible for repairs. Does the responsibility fall to the tenant or the landlord?

Under Section 11 of the Landlord & Tenant Act the landlord must keep in repair the structure and exterior of the property and keep in repair and proper working order the installations for the supply of water, gas, electricity, sanitation, space heating, and heating water.

Your landlord may also hold additional responsibilities in terms of repairs to your property. Your tenancy agreement should indicate what repairs your landlord is responsible for and what repairs, you as the tenant are responsible for.

Should a landlord found to be in breach of Section 11 of the Landlord & Tenant Act, the tenant of that property will be entitled to bring a claim for damages

What is classed as Disrepair?

โ€ข Defective brickwork/pointing
โ€ข Bridged or defective damp proof course
โ€ข Defective windows/doors
โ€ข Defective roof including leaking and broken tiles
โ€ข Broken/blocked guttering and downpipes
โ€ข Broken or blocked drains
โ€ข Defective exterior finishes
โ€ข Damp and defective interior plasterwork

โ€ข Rotten flooring
โ€ข Dangerous stairs and bannisters
โ€ข Broken or leaking sinks/baths/showers
โ€ข Defective heating and hot water & leaking pipework
โ€ข Broken appliances let with the property
โ€ข Defective ventilation
โ€ข Defective electrics
โ€ข Common areas/lifts in flats
โ€ข Vermin infestation (cockroaches/rats / mice)

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weโ€™re here to
help you

contact us today!

Whether youโ€™re looking for a family law solicitor or help with media law – weโ€™ll help answer your questions.ย If youโ€™d like to book an appointment one of our solicitors, please fill in the your details and weโ€™ll get right back to you.

We look forward to learning how we can help you!

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