Housing Disrepair Claims

 

Are you a tenant living in a council or privately owned property that is poorly maintained? Is your housing association or council refusing to help you? If the answer to this is YES then we can help you to claim compensation and get the repairs done.

Legally it is the landlord’s duty to keep your property in a liveable condition and carry out any repairs that are required. When notified in writing, the landlord is required to fix your repairs under landlord-tenant law. The law usually allows for 20 days as a reasonable amount of time for a landlord to complete a needed repair.

Pests and Vermin Infestations

Your landlord is responsible for dealing with infestations of pests and vermin if: it was caused by a disrepair issue such as a hole in the wall, your tenancy agreement says your landlord should make sure the property is fit to live in, and you live in a furnished home and the pests were there before your tenancy started.

Mould, Fungus or Dampness

It is both a landlords legal responsibility and a duty of care to their tenants to make sure their property is free of damp and mould. Living with damp and mould isn’t only miserable, it also endangers a tenant’s health.

Leaks, Flooding or Water Damage

If the landlord didn’t fulfil his duty to keep the plumbing in good order, he could be responsible for paying for any losses, which would include property damage (e.g. if the tenant’s belongings are damaged) or a heightened water bill.

Cracks

Your landlord could be responsible for any cracks to the external and internal walls as this allows for damp or cold air to ingress.

Defective Roofing and Gutters

Tenants can sought damages for a defective roof/gutter causing water penetration in the property.

Defective Boiler

If you are a tenant and your boiler or heating system breaks, meaning that you have no heating or hot water, your tenants’ rights dictate that your landlord must take steps to fix the problem within a reasonable time-frame, usually 1-3 days after the issue has been reported.

Defective Windows and Doors

A council or housing association landlord is usually responsible for keeping a home in a decent condition and doing any repairs it needs. Windows and doors should be secure and work properly.

Defective or Dangerous Electrical Wiring

The landlord is responsible for any appliances that they supply within the property. That includes for instance cookers, microwaves, kettles, washing machines etc. The electrical system – i.e. the wiring in the property, all plug sockets and light fittings are also the responsibility of the landlord. All of these must be in full working order and be maintained to these standards.

helpHDR- Housing Disrepair Claims – How Can We Help?

We can help you with your housing disrepair claim. If your landlord or council or housing association is not responding to your requests for repair work, we can help you! Get in touch:
We are HelpHDR and our registered address is HelpHDR, OliverZ Business Centre, 4 Granby Place, Leicester, LE1 1DF, helpHDR is a trading style of Marketing Chambers Limited. Our telephone number is 0800 368 9133 and our email address is admin@helpHDR.co.uk

1.

We will review your information that you have provided and if necessary will send out our team of specialists to carry out an initial assessment. The initial assessment will help to determine if you have a legitimate claim.

2.

We will then pass your details on to solicitors who will then pursue your claim. The solicitors will instruct a RICS building surveyor to carry out a full inspection of the property.

3.

A report will be produced and sent back to the solicitor who will then issue a claim against your landlord/housing association.

DOES MY TENANCY CONTRACT IMPACT MY RIGHT TO CLAIM?

The kind of tenancy agreement you have may affect your legal rights and obligations. Usually speaking, if you usually do not have unique use of any part of a property or home, you have a permit to occupy. If you have unique use of part or the entire of the property or home, you are probably to have a guaranteed or short-hold tenancy arrangement.

WILL I BE ENTITLED TO COMPENSATION?

If you have a legitimate claim for housing disrepair, apart from persuading the landlord to restore your property, you can furthermore claim compensation for:

• Inconvenience caused
• Damage to individual property
• Personal injury or ill health ensuing from the disrepair – including breathing illness triggered by damp conditions
• Any financial deficits suffered as a result of the failing to rectify the disrepair

WHAT DO I NEED TO DO TO HAVE A SUCCESSFUL CLAIM?

To successfully carry out a claim, you will need to prove that:

• Your home suffers from actionable defects
• Your landlord has knowledge of the actionable defects
• Your landlord has failed to remedy them within a reasonable period of time

WHAT IS AN ‘ACTIONABLE DEFECT’?

This arises when the law imposes an obligation on your landlord to keep something in repair but then becomes defective in some way:

• The Structure and exterior of the home (e.g., the walls, roof, external doors and windows, and the internal walls and ceilings- including plasterwork)
• The sinks, baths, and lavatories, including pipes and drains and guttering; • The central heating, gas fires, fireplaces, flues, ventilation and chimneys
• The gas pipes, electrical wiring and some appliances provided

WHAT LAW IS USED FOR A HOUSING DISREPAIR CLAIM?

Section 11 of the Landlord & Tenant Act 1985 is one of the main ways in which a repairing obligation is imposed upon landlords; but this does not require your landlord to improve the property or to remedy inherent design defects.

ARE THERE ANY TIME LIMITS THAT I SHOULD BE AWARE OF IN BRINGING MY CLAIM?

In regard to Housing Disrepair claims you have 6 years to make a claim from the date the disrepair was first reported to your landlord. You may have sent your landlord e-mails or texts or even telephoned them multiple times. If you don’t have any evidence of complaints, we should be able to obtain copies of your housing file from your landlord to see if any complaints have been recorded.

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