The rental market in the UK is a fairly difficult one for tenants thanks to the shortage of rental properties and ongoing rent rises. However, this doesn’t mean it is necessary to put up with a substandard property as the law shrines certain rights and responsibilities to protect tenants, including a responsibility on the landlord to keep the building in a good state of repair. If you are living in a property that has fallen into disrepair then it’s possible to make a claim against the landlord. Here, we are exploring some of the most common disrepair themes that lead to tenants making a claim.
Damage to your belongings – if the state of the property has led to your possessions being damaged then you can make a claim for compensation. This might include items such as bedding or clothes being destroyed or damaged by mould and damp or carpets and furniture suffering damage as a result of a burst pipe not dealt with by the landlord. You can also claim compensation for possessions damaged during a repairs process. You will need to be able to prove the damage so don’t throw away the damaged items and make sure you take photos and keep receipts.
Damage to your health – where a landlord has failed to carry out repairs and this has resulted in someone in the household becoming ill or injured – whether the issue is physical or mental – then there may be a compensation claim. The disrepair doesn’t have to be the sole cause of the health issues but it must be a contributing factor, such as asthma made worse by damp conditions, and you may need a report from a doctor, as well as an architect or surveyor's report to prove the link. Damages will depend on how the disrepair has affected you – so, for example, damages will be higher if you have been unable to work as a result.
Inconvenience caused by disrepair – if you haven’t been able to use your home in the normal way as a result of the disrepair then you may be able to claim for this. How much you can claim will depend on the level of disrepair and the effect that it had on you.
If you’re going to make a claim for disrepair against your landlord then there are certain conditions that must be fulfilled. You must give the landlord notice of the disrepair, including explaining what the issue is and highlighting when you last notified the landlord of it. If it's an urgent issue (for instance no heating or hot water in the middle of winter with a baby in the house) then a day or two notice is all that is needed.
If it is roof repairs that are causing no immediate issue and the landlord needs specialist scaffolding in order to repair it and can't do it due to bad weather, then a period of 21 days would not be sufficient. It all comes down to a reasonableness test that needs to be applied individually to the facts of the case.
If you are in a position where you are living with housing disrepair then Stephensons can help. Our team has a lot of experience assisting tenants in this position – contact us on 01616 966 229 for more information.