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Why Are the Majority of Tenants Reporting Disrepair Issues?

A recently released survey of both private and social tenants across the UK has found that a shocking two thirds of respondents experienced a disrepair issue during their tenancy, with almost four fifths of London tenants reporting disrepair of some sort, making it the UK’s disrepair capital. The most common disrepair issue was damp caused by water leaking into properties due to disrepair issues such as water leaking through roofs, rotten window frames, and cracked and damaged pipes.

Every year, almost half a million tenants report dampness in their homes according to the English Housing Survey, with over one third of all tenants experiencing dampness in their properties during the past five years, and roughly one quarter reporting a recent mould infestation. Damp and mould are often the result of water leaks and broken pipes, disrepair issues which landlords are obliged to address within a reasonable time frame. How long is judged to be ‘reasonable’ will depend on the specific circumstances, but landlords are expected to act promptly when disrepair issues are reported to them, and urgently if the problem poses a risk to tenants’ health.

Landlords are responsible for the exterior of their properties, including the roof, water and gas pipes, boilers and other appliances. Loss of heating or hot water can make a property uninhabitable in a short space of time, especially in winter, yet the survey revealed that tenants wait 41 days on average for reported disrepair issues to be resolved, while almost a quarter reported having to wait more than six months for their landlord to take action. Leaking water, blocked pipes and roof damage are the most common problems that tenants experience according to the research, disrepair issues which can contribute to damp and mould at properties.

Damp and mould can cause health problems for tenants, including asthma, flu-type symptoms, infections and allergies. Tenants are often able to claim compensation for medical issues caused or made worse by damp and mould, as well as damage to personal possessions. Specialist housing disrepair solicitors like Bartletts can also help local council and housing association tenants obtain a court order for repair work to be carried out:

Suing a Housing Association for Disrepair and Injury

Do I need to give my landlord notice of a housing disrepair claim?

Your landlord has a legal duty to ensure the property you live in is in a good condition, structurally sound and with a comfortable interior – if this has not been your experience then it is vital you give your landlord notice of the disrepair at the time, in case you want to make a housing disrepair claim at a later date.

Notice Of Disrepair

Any disrepair issue with your rented home must be brought to the attention of your landlord and then a reasonable amount of time allowed for your landlord to make the repairs.

If your landlord has had both notice of the disrepair and a realistic amount of time to carry out repairs but has failed to rectify the issue, then you will likely be able to make a claim for housing disrepair compensation.

Why Does Notice Matter?

Without notice, your landlord could simply agree to carry out the necessary repairs but not compensate you for the discomfort, inconvenience and upset the disrepair has caused you whilst you’ve lived at the property.

How Should You Give Notice?

When you give notice of disrepair to your landlord, keep in mind that you’ll need evidence of notice if you decide to make a housing disrepair claim later on.

Telling your landlord about the issue over the phone can be hard to prove if your landlord doesn’t keep a record of this conversation or denies it happened.

Always give notice in writing – via email is best as this will give you a written record of the date and time and details of the complaint.

Do You Need To Report All Disrepair?

Ideally, yes – telling your landlord about every housing disrepair means you can prove ample notice was given and he or she failed to take action.

However, there is no need to report any disrepair issues to the exterior of the property – as your landlord does not need to enter the property to discover this disrepair, no notice is required. Although if the external issue is affecting something on the inside of the property, you should report the disrepair.

If your landlord inspects your property and the disrepair is visible to the naked eye then this is considered as constructive notice. However, this is risky as your landlord may deny the issue was visible and state that notice hadn’t in fact been given.

Therefore, it is advisable to always have a written record of giving your landlord notice of disrepair as this will prove essential evidence should you decide to make a claim at a later date.

How We Can Help You With Housing Disrepair Claims

We have a team of professional, friendly property solicitors who are experienced at handling a range of housing disrepair claims and ensuring clients experience a stress-free claims process and the maximum compensation they’re entitled to.

Compensation is calculated based on a number of different factors, including the time from the date a reasonable landlord could have carried out the repairs after receiving notice – so it’s important to remember to always give your landlord written notice of the disrepair in your home.

We will assist you at every stage of the claims process and ensure you receive compensation for the distress, damage and inconvenience caused by the housing disrepair.

To speak to one of our specialist solicitors about housing disrepair, contact us on freephone 0800 988 3674 or Chester Tel: 01244 311 633 or email advice@bartletts.co.uk

What Led to the Tenant Suing the Housing Association for £150k?

A recent claim brought against a private housing association in London offers insight into the difficulty in determining whether the landlord was responsible for an accident involving a tenant, or whether sheer bad luck was to blame. The claimant had been walking up the driveway to her home one night when she tripped over a large stone in her path and fell into a bush, causing a sharp branch to penetrate her left eye, and subsequently leaving her blinded in that eye.

The claimant’s barrister argued that the pathway was unsafe at the time of the accident, and the landlord had failed to take ‘reasonable care’ to keep its tenants safe from the risk of getting injured while walking on it. The injured tenant had apparently notified the housing association multiple times that the pathway was uneven and unsafe due to large stones and potholes, while the lighting was also poor, yet no action has been taken to repair the surface or make the path better lit.

The housing association’s legal team strongly contested the claimant’s arguments, suggesting she may have been drinking on the night of the accident, which she denied, and questioning whether she had in fact complained to the housing association about the state of the driveway, citing a lack of evidence of messages she had allegedly sent. Work had recently been carried out on the driveway, and this amounted to reasonable care having been taken to make it safe.

The claimant lost her £150,000 compensation claim against her housing association after fierce arguments in court from both sides, with the judge agreeing the the defense that the claimant’s injury was the result of an ‘unfortunate accident’. The case highlights how difficult it can be to prove that a housing association was to blame for an accident, as well as the fact that they are likely to strongly challenge claims made against them, including defending a claim in court.

Find out more about:

Suing a Housing Association for Disrepair and Injury

Can I Claim Compensation For A Damp Home?

We Have Helped Hundreds Of People Claim Compensation For A Damp Home – Can We Help You Too?

If you’re in rented accommodation and your landlord has failed to fix your home’s damp or mould issue, you may be entitled to claim for compensation.

Your local council or Housing Association landlord has a legal obligation to ensure your home is maintained to a safe and comfortable level. Poorly maintained homes often suffer from mould, damp or condensation, which can impact on your health as well as personal belongings.

You have rights as a tenant, and if you’ve informed your landlord and he has failed to take the necessary steps to fix the damp problem, then you can make a claim for damp or mould compensation against your landlord.

Make a free enquiry now. Call us on 01244 645830 or complete a Free Online Enquiry to discover your legal rights and entitlement to compensation.

“My claim was finalised and the outcome was substantial more than I expected. I can’t thank Trevor Morris and Bartletts enough for their help and would not hesitate to recommend them to anyone.” – Mr DT

What Can You Claim Damp Compensation For?

Living in a damp or mouldy home is bad for your health, your wellbeing, and all your possessions. You have a right to live in a safe, habitable place, and if you’ve reported the damp and your landlord has done nothing, you should claim for compensation and to ensure the repairs are carried out.

Damp, mould or heavy condensation can trigger a range of health issues and damage your home. As a guide, you may be able to make a claim for housing disrepair compensation, if you’ve suffered any of the following:

  • Respiratory problems
  • Allergic reactions
  • Skin irritations
  • Fungal infections
  • Sneezing fits
  • Inconvenience and discomfort
  • Any costs incurred
  • Damage to furnishings
  • Damage to belongings

How We Can Help With Your Claim For Damp Compensation

If you have evidence that you’ve informed your landlord of the damp or mould in your home and your landlord has taken no action, our experienced housing law solicitors will help you make a claim for compensation.

We will make a compensation claim on your behalf for your poorly maintained home and the suffering this has caused you and your family. Working closely with you to fully understand your situation, we will ensure you receive the compensation you deserve for any health issues and damage to your personal possessions caused by living in a damp environment, as well as for the stress, inconvenience and discomfort of living in an uninhabitable home.

In addition to claiming for compensation, we may be able to secure a full or partial rent refund for the time you’ve had to spend in the property when it was damp or mouldy.

Throughout the entire claims process, we will provide advice and guidance at every stage and ensure you are fully supported in your claim for compensation from your landlord for illness and injuries.

To speak to one of our professional housing law solicitors about claiming compensation from your landlord for damp in your home, contact us on 0800 988 3674 or email advice@bartletts.co.uk

“I just wanted to thank you for settling my claim – I am absolutely over the moon! Thank you so much for taking on my case, I really appreciate everything you have done. Thanks again.” – Laura

Can I Make a Claim For Compensation For Housing Disrepair?

If you’re living in rented property and your landlord has failed to take action over your complaints of housing disrepair, you may want to make a compensation claim for damages and to ensure the repairs are carried out.

Your landlord has a legal duty to make sure your home is kept in an acceptable state of repair, which includes the structure and exterior of the house, bathroom sanitary products and pipework, heating and ventilation systems, electrical wiring and gas pipes, as well as some appliances if included in the tenancy agreement.

There is a Pre-action Protocol for Disrepair Claims that has to be followed before you can pursue a claim in the County Court, and there may be disrepair related claims you can bring against your landlord, for example, for personal injury if you’ve suffered because of the disrepair or for negligence on behalf of your landlord.

If your landlord has not taken action when informed of housing disrepair, we recommend you speak to a housing disrepair solicitor for professional advice on how to claim for compensation. However, as a guide, a tenant needs to prove 3 things when bringing a case against a landlord.

Key Steps For Making A Housing Disrepair Claim

Tenants need to prove 3 things when making a claim for housing disrepair compensation:

  1. The home has defects
  2. The landlord knows of the defects
  3. The landlord has failed to resolve the defects within a reasonable time period

Tips For Proving Housing Disrepair And Landlord Inaction

Gathering evidence is key if you want to make a claim against your landlord, and you need to prove your home suffers from defects and that your landlord knows of these defects but has failed to take the necessary action.

You may have photographic evidence of your home’s defects, depending on the nature of the disrepair. Alternatively, we may need to draft in professional help when it comes to getting the evidence required– for example, using the services of a chartered building surveyor and then obtaining a quote for repairs from a reputable builder to detail the defects.

Once you have this, find all the evidence you have that shows your landlord has had knowledge of the defects and not taken action to remedy the disrepair. Text messages, emails and correspondence records are useful, as are details of any annual house inspections that should have been carried out but weren’t and when your landlord visited your home and would have seen the defects.

In terms of whether a reasonable period of time has elapsed, this will depend on the nature of the disrepair. For urgent defects such as a broken boiler in winter, immediate remedial action is expected, whereas for matters related to plasterwork or less urgent defects, weeks and even months would be considered reasonable.

Top Tips For Making Housing Disrepair Claims Easier

If you’re a tenant and living in rented property that has defects your landlord won’t remedy, gather or start to gather all the necessary evidence to support making a claim for housing disrepair compensation.

Sometimes landlords react to tenants’ complaints of disrepair by serving eviction notices under section 21 of the Housing Act 1988. However, if your tenancy started on or after 1 October 2015, there are steps you can take, for example, if you have complained in writing to your landlord or letting agent or have been served a section 21 following your complaint.

Our property disputes solicitors have the experience to help you at every stage of your housing disrepair claims process – from the initial impartial and no-obligation advice to decide if you have a case and how best to proceed, right through to securing the right amount of compensation for you. Normally a tenant can only claim for the 6 years before any disrepair claim is issued at the County Court, but as with every aspect of the claims process, every situation is unique and your solicitor will be able to tailor all advice and support accordingly to ensure you achieve the best possible outcome.

To speak to one of our professional housing law solicitors about claiming compensation from your landlord for defects in your home, contact us on 0800 988 3674 or email advice@bartletts.co.uk

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