Housing Disrepair

 

What is housing disrepair?

Landlords have a duty to keep the property you are renting in good repair and fit for you to live there.

Whether your property is managed by a Landlord Privately, a Housing Association or the Local Authority, they all have the same obligations and responsibilities as your Landlord.

In recent legislation, The Homes (Fitness for Human Habitation) Act 2018, the Government has reinforced this duty. The Legislation implies the property must be fit for you to live at the commencement of your tenancy and will remain so during the duration of your tenancy.

If your Landlord has allowed your home to deteriorate, notwithstanding you have told him of the issues you are having, the court will order your Landlord to rectify this.

The Housing Health and Safety Rating System (HHSRS) assists judges in deciding whether your Landlord has breached his/her contract with you and will take into account issues such as:

  • The quality of repairs
  • Stability of the property
  • Any damp
  • Natural lighting
  • Ventilation
  • Water supply

It’s understood you’re in a vulnerable situation and worried about losing your home, fearing what will happen if you complain.

At KLS Law, we completely understand these concerns and manage your claim as delicately and carefully as possible, providing obligation-free advice which is treated with the strictest confidence.

It may be that the issues you have had in the rented premises have caused a deterioration in your health.

Damp premises can lead to mould which, in turn, can lead to asthma other illnesses.

If you have been injured, we will arrange to have your premises checked by a surveyor who will take the necessary readings to establish if your premises are damp.

We will then arrange medical evidence and if we can prove your illness arose from the condition of your letting, we will seek housing disrepair compensation for you.

Proving your case

There is no need to suffer in silence – KLS Law are here to help.

Please take photographs to show the state of the property you occupy and keep notes of your communication with the property owner, attempting to rectify issues.

If your property has fallen into disrepair, you are entitled to have those repairs carried out at your Landlord’s cost.

We will arrange to speak with you and if we are satisfied that there are grounds for a claim, we will manage the case on a No Win No Fee basis. If we do not win your case, you won’t pay us anything.

We will also arrange for a surveyor to inspect your premises for defects.

We will quantify your claim, obtaining medical evidence to support your case and your family members (if appropriate).

Some Landlords will agree to compensate you and rectify the premises, in which case we will have it re-inspected to ensure the work has been done, the property is now moisture free and fit for habitation.

If there is a failure of your Landlord to cooperate and comply with responsibilities, we will apply to the court for an order, requiring the Landlord to repair the property to an adequate standard. We will also seek housing disrepair compensation and legal costs.

Call KLS Law on 01925 428 198 or request a call-back, where a member of our friendly legal team will be in touch as soon as possible.

FAQs

1.    What if the Landlord tries to evict me?

Under the Protection from Eviction Act, your Landlord cannot do that without a court order and if you are intimidated in any way, we will take immediate court action to protect you.

2.    How much will it cost me?

If we consider you have a good case we will pursue it on a No Win No Fee basis so if we do not win your case you pay nothing.

3.    How long will it take?

Many property owners will act promptly to repair your dwelling when a solicitor takes action but if you have suffered injury the case may take a number of months to resolve.

4.    Who will deal with my case?

A legally qualified solicitor or legal executive will deal with your claim.