The most recent English Housing Survey shows there more than 75,000 non-decent houses in the UK and the number is growing each year. Our firm have seen firsthand the sheer number of people who want to take legal action against a negligent landlord. Our clients are only a small proportion of renters suffering from a lack of care – the majority of tenants are unaware of their rights and the options that are available to them.
For privately rented properties If your tenancy was established in the period after the 24th October of 1961 and is not for a term fixed of more than 7 years, the landlord is subject to s.11 of the Landlord and Tenant Act 1985, which incorporates that every tenancy contract includes the absolute obligation to maintain the exterior and the structure of the property in good repair and to maintain in good functioning order all appliances related to supply gas, water electric the heating of space, sanitation as well as heating water. This is a continual obligation that continues until the time your lease ends.
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In the case of Councils or any other landlords with social responsibilities, this rules apply. Social landlords are all bound by the legal obligation of care to ensure that the tenant’s residence is in compliance with requirements of Decent Homes Standard, as and all other legislation that establishes standards for environmental, health safety, health and the fitness of human living.
It’s a given that landlords whether social or otherwise, cannot be obligated by this requirement in the event that they haven’t been informed of any disrepair issues There are a number of cases that make this a the law. The report does not need to be written down however, it does make the process of bringing court actions easier as a result, and it is advised to keep your repairs report in writing either via email or other means. If, however, you have not written down the issues and you can show your landlord was aware of issue at your property (or ought to be) You can still make claims.
If you’ve reported of the condition of your home or property, and your landlord housing association , or local authority has not responded in a timely manner and promptly, you should speak with an attorney to help in bringing a housing condition claim.
A housing condition claim is sending an email to your landlord to inform them that you will bring them to court, and describing the issues about that they have been informed of and that they have not been able to or refuse to fix. The letter should include an exact date by which the landlord has to issue their response. If there isn’t any response within this time the court can begin proceedings.
Based on the kind of damage, it may be beneficial to schedule an inspector to visit your residence and create an assessment of the issues and how they could affect your life. If the issue is brought to the courts, this report will be used to back up your case.
There are two items to “seek” when filing the claim for housing conditions. The first is known as an injunction or order for specific performance and is in essence the equivalent of a Court Order telling your landlord to complete the work they’ve failed to complete. It is possible to hold them in contempt of the court in the event that they fail to complete the work required. If the issue you are experiencing needs immediate attention like when you’re experiencing issues with heating or water supply or heating, you might be able to secure an interim injunction that can be obtained through the Court quicker.
The other is damages, it is the lawful term used to describe compensation. It is given by the Court in the event that the Judge determines 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 cannot be precisely calculated) and the inconvenience you have that you have suffered. If you’ve lost particular items due to disrepair like, for instance, the presence of mould in your house that has destroyed a portion belongings You may also be awarded Special Damages that are calculated on the basis of the value of the actual objects you’ve lost. Additionally, Exemplary Damages can be granted when the behavior of the defendant (i.e. the housing company, your landlord, or the local government) is determined to be maliciously ill-intentional. It could be the case for you if you are able to prove that your landlord was unwilling to make the repairs due to it was, for instance, because of personal resentment, or because they discriminated against you.
It is vital that tenants are aware of their rights in relation to the maintenance and repairs to their property. However, the law can be complicated, and could lead to people being forced living in houses that aren’t suitable for them to reside in. If you’re in doubt regarding the condition of your home, and think you are 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 condition in your home? If your rental property is in the middle of a decent living standard and requires repairs to stop mold, damp, and so on contact us to learn what we can do to achieve the best result you can get.