A recent study done by Statista Research Department reported around 4.44 million households lived within rented accommodation in England 2020. In the last 15 years, there has been a rise for local authorities to sell off housing stock to private landlords and private companies. More than ever, tenants must be aware of their rights under both their tenancy agreement as well as statute.

When a Landlord and a Tenant enter into a tenancy agreement, both parties agree to adhere to various terms and conditions. One such condition is that the Landlord is under an obligation to ensure that the property is kept free from disrepair. The obligation to repair will arise as a consequence of either express term within the Tenancy Agreement or as a consequence of a statutory implied term. The Tenant also has a duty to ensure that they do their part maintaining the Property or notifying the Landlord of any disrepair in a timely manner. However ultimately, the Landlord’s duty is to ensure that the property is safe and is a well-maintained home for the Tenant.

Disrepair arises when part of a person’s home deteriorates such that the home is in a worse condition. The disrepair must have arisen as a result of the landlord failing to carry out appropriate repair or maintenance work such that the property has fallen into a state of disrepair.

It is important to recognise that a repair is very different to an improvement. For instance, replacing an old gas boiler that is broken, with a new, more effective one, would be classed as an improvement. Repairing a broken boiler would be classed as a repair.

Defects which a lanlord has a duty to repair

The Landlord has a duty to repair the following defects if reported by the tenant within a timely and satisfactory manner:

  • Water damage
  • Damp or mould. However, the Tenants must ensure that they are doing their part to reduce condensation
  • Damaged or leaking roof or guttering
  • Broken or rotten windows and doors
  • Broken appliances that were included in your tenancy
  • Broken bathroom fittings
  • Internal damage to wallpaper, pain, carpets and curtains (if included in the tenancy)
  • Damage or faulty electrics
  • Damage to internal gas and water pipe work
  • Any other damage to your property.

At KLS, we have a team who specialise in handling housing disrepair claims against Housing Association and Private Landlords and would be happy to assist you. KLS are able to handle many claims for housing disrepair on a No Win No fee basis.

Get in touch to start your cliam today.

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