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 restoration 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.