What is housing disrepair?

Housing Disrepair

Housing Disrepair is referred to anything which substitutes for a property becoming unsatisfactory and unfit for habitation, the responsibility of the disrepair is subject to the Landlord of the property.

Due to recent government changes, those who rent are subject to moderate responses to states of disrepair and immediate improvements are needed within areas such as quality and security.

Tenants often live in poor conditions on the property and more than 7 in 10 have suffered from health and safety issues. Contact our expert housing disrepair solicitors for claim compensation.

Are you suffering from housing disrepair?

If tenants are suffering at the property they can make a housing disrepair claim on the grounds of; infestations of insects and rodents, and damp and mould growth on walls, floors and ceilings.

Broken/faulty boiler resulting in inadequate heating and hot water, defective windows and doors, faulty wiring, internal/external structures such as wallpaper, carpets and paint also leaks and water damages from the roof, bathroom, pipes and windows.

In a high majority of these cases, the issues are already present when the tenants move in, resulting in financially fixing the issues themselves with the threat of not being refunded for their costs.

The landlord has a legal duty towards maintaining the property and ensuring it has remained in a consistent good state of repair and the legal occupiers are safe and living comfortably within the property.

If the tenant has consistently been notified. The landlord is to address any examples of disrepair within a reasonable time period. If the damage has not been repaired they are then eligible and entitled to compensation.

Within the Civil Procedure Rules, including a Housing Disrepair Protocol to be pursued for a claim when carried out correctly.

The Protocol describes court expectations of a housing disrepair claim to start the initial legal proceedings, this is enforced with the intention to encourage the exchange of information from the parties at the earliest stage and achieve an appropriate resolution to the issues.

Also Read: Effects of Sleeping in a Damp Room?

The courts expect legal action to be used only as a measure of last resort

The steps of a Housing Disrepair claim are as follows;

  1. Letter of Claim

  • Summarising the personal details of the claimant,
  • Details of the defects within the property,
  • History of the outstanding defects and any attempts to rectify them,
  • The effects the defects have caused upon the tenant – medical, injury etc,
  • Letter of instruction to the expert,
  • Details of any special damages,
  • Claimants disclosure of any relevant documents,
  • A request for disclosure from the Landlord relevant to the disrepair
  1. The Landlords Response

  • The Landlord should initially respond within 20 working days from the receipt of the letter of claim.
  • The response should therefore disclose the requested information including the relevant documents and records.
  • If there is no response within the time period legal proceedings can be issued.
  1. Admission or denial of liability

  • The Landlord should declare liability or dispute,
  • Produce a full schedule of the intended works, anticipated starts and completion dates including timetables and dates,
  • Offers of compensation and initial costs covering the damages.

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