The most recent English Housing Survey shows there more than 75,000 non-decent homes in the UK and this figure is growing each year. Our firm have observed firsthand the amount of people who want to take legal action against a negligent landlord. Our clients are only a small proportion of renters living in a state of disrepair. The majority of tenants don’t even know their rights and the options they have.
For privately rented properties If your tenancy started on or after the 24th of October, 1961 and is not for a term fixed of more than 7 years, the landlord is legally bound by s.11 of the Landlord and Tenant Act 1985, which imposes that every tenancy contract includes the absolute obligation to maintain the exterior and structure of the building in good condition and to maintain in good operating order all appliances that relate with the provision of gas, water and electricity the heating of space, sanitation or heating water. This is a continual obligation that runs until the time your lease ends.
For Councils and others who are social landlords, exactly the same is true. Social landlords all have an obligation under law to ensure that the tenant’s residence is in compliance with standards of the Decent Homes Standard, as and all other legislation that establishes guidelines for environmental safety, health and health and safety for humans.
It is a given the landlords, whether social or otherwise, won’t be held to this standard in the event that they haven’t been informed of any disrepair issues There are numerous instances that establish this as legal. The report does not need to be written down however it can make the process of bringing court actions easier and therefore it is recommended to record your repair report in writing whether via email or other means. If, however, you have not written down the issues however you are able to prove that the landlord knows about issue at your property (or ought to be) You can still seek claims.
If you’ve made a report of the condition of your home and your landlord, housing association , or local authority is not responding in a timely fashion to your complaints, you must contact an attorney to help in bringing a housing condition claim.
A claim for housing conditions involves sending an email to your landlord to inform them that you are planning to bring them to court, and describing the damage to that they have been informed of and haven’t been able or unwilling to correct. The letter will contain an exact date by which the landlord has to issue their response. If there isn’t a response within this time then you can commence court proceedings.
In the event of damage, it may be beneficial to schedule an expert to visit your residence and create an account of the problems and how they may affect your life. If the case is brought to the courts, this report will be used to prove the claim.
There are two things you can seek when filing an action for housing conditions with housing disrepair solicitors. The first is known as an injunction or an order for specific performance and is in essence an order from a Court Order telling your landlord to complete the work they’ve not done. It is possible to hold them in contempt of the court when they fail to finish the task ordered. If your issue demands immediate action like when you’re having problems with heating or water supply or heating, you might be able to get an interim injunction which can be obtained through the Court quicker.
The second one is damages that is the official definition for compensation. It is granted by the Court when the judge finds that you owe funds due to the repair issues. It is possible to get General Damages that are awarded in the event of the suffering and loss (which is not a precise calculation) and the inconvenience you have caused. If you’ve lost certain items due to disrepair like, for instance, the presence of mould in your house that has caused the destruction of some belongings You may also be awarded Special Damages that are calculated on the value of the actual objects you’ve lost. Additionally, Exemplary Damages can be given when the conduct of the defendant (i.e. you landlord or housing organization, or your local authorities) is determined to be intentionally malicious. It could be the case for you if you are able to prove that your landlord did not make the repairs due to such reasons, as an individual vendetta or because they discriminated against you.
It is vital that tenants are aware of their rights with regards to maintenance and repairs of their home, however the law can be complicated, and could lead to people being forced to live in homes that aren’t suitable for them to reside in. If you’re in doubt regarding the condition of your home, and you believe that you may be in a position to take legal action against your landlord call our housing department and begin exercising your rights as a tenant.
Are you in a poor living space? If your rental property is below the minimum living standards and needs repairs to avoid mold, damp, and so on contact us to learn what we can do to achieve the best result you can get.
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