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Housing disrepair claims can be complex legal cases that require the expert knowledge of experienced solicitors. Landlords are required by law to provide homes that are safe for people to live in.
Understanding the legal framework around these issues helps tenants and property owners address them quickly and effectively. Here are some of the key points to consider when making a claim.
When a landlord fails to meet their legal obligations to provide a safe and habitable dwelling, tenants have the right to file housing disrepair claims against them. These claims seek compensation for the cost of repair work, as well as the distress and inconvenience caused by the disrepair.
Disrepair claims often involve issues like damp and mould, faulty electrics, broken heating systems, rotting doors, and broken windows. In some cases, these disrepair problems can even lead to a personal injury such as respiratory issues or slips and falls.
Landlords are expected to carry out repairs within a reasonable amount of time. However, there is no fixed rule as to what constitutes a reasonable amount of time; it can vary on a case-by-case basis. In general, a landlord must respond to the request for a repair within 21 days.
The type of compensation that tenants receive will depend on the severity of the disrepair and any damage caused to their belongings. Tenants will typically be awarded a lump sum for their pain, suffering and loss of amenity. The court will also award compensation for any items that have been damaged or destroyed due to the disrepair.
In assessing the level of damages, the Courts will consider the impact of the disrepair on the tenant’s quality of life. Despite the flexibility of this approach, it can introduce significant variability in the levels of compensation awarded as different Judges favour different methods for calculating these damages.
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