How to Make a Successful Disrepair Claim: Protect Your Rights as a Tenant Now
When renting property in London it can feel as if you have no tenant rights. With the shortage of rental properties, tenants are understandably wary of unnecessarily complaining but sometimes you have no option.
Our Disrepair Lawyers London helps tenants with advice on landlord repair obligations. In this blog, our Landlord and Tenant Solicitors outline how to make a successful disrepair claim and how to protect your rights as a tenant.
Online Disrepair Lawyers London
For legal advice on landlord repair obligations call the experts at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
What is rental property disrepair?
We all have different views on acceptable standards of living. To some, no hot water for an hour or so is a major emergency whilst other tenants would work with the landlord and shower at the gym whilst the emergency plumber is called out to fix the hot water. With rental property disrepair and tenant disrepair claims we are talking about landlords who ignore tenant rights and their landlord repair obligations leaving their tenant with little option other than to make an urgent disrepair claim and seek disrepair compensation.
Examples of disrepair include:
- Damp and mould
- Plumbing issues such as no heat, no water or blocked toilets and sewerage issues
- Faulty electrics such as no lights or dangerous wiring
- Structural problems including leaking roofs and windows
- Safety issues such as damage to doors, broken locks or trees at risk of branches falling in the garden
- Rats, mice or other pests and infestations
This list isn’t exhaustive. Anything that creates an unsafe living environment can amount to disrepair.
Any rental property can have problems beyond the landlord’s control; such as a boiler breakdown or a rat infestation. The point is whether the landlord is acting reasonably in sorting out the disrepair. That, to a certain extent, depends on the problem and your circumstances. Left without a toilet or water is an urgent disrepair in any tenant’s circumstances but storm damage to a fence may not be urgent unless you have small children or pets.
Landlord repair obligations
UK landlords must maintain rental properties by statute, regulations and under the tenancy agreement. A landlord can't contract out of meeting basic obligations and providing a safe living environment that’s fit for human habitation.
Under the Landlord and Tenant Act, a landlord must:
- Maintain the supply of essentials such as water, gas, electricity and sanitation
- Treat health-threatening issues. For example, damp and mould in rental property
- Keep the exterior of the property in good repair. For example, ensuring the roof doesn’t leak
If a landlord does not carry out repairs after they are notified about a problem then a tenant may have a tenant disrepair claim. However, the tenant must follow the correct procedure to get the landlord to act. If the landlord then doesn’t act the tenant can bring a successful disrepair compensation claim.
Steps for a successful tenant disrepair claim
Whether you have a great landlord or a terrible one our Disrepair Lawyers in London recommend that you follow these steps. That way, even if your landlord initially appears willing to sort out disrepair but then goes radio silence on you or starts blaming you for mould growth, you have evidence that your landlord has not met their landlord repair obligations.
The rental property disrepair steps are:
- Notify your landlord or letting agent about the problem – you may want to call your landlord but follow up on any phone call with a text or email so you have evidence that you made contact and the problem. Make sure any communication is kept professional. Don’t blame the landlord; boilers do break down and be reasonable; even with an insurance policy in place it can take a few hours for an emergency plumber to come out and the tradesperson may need to order parts
- Read your tenancy agreement – your tenancy agreement should detail what you as a tenant are responsible for and your landlord’s repair obligations. Your tenancy agreement won't cover every scenario so if you are unsure if your problem is a disrepair and your landlord is blanking you or saying that it isn’t speak to Disrepair Lawyers in London about your tenant rights
- Get evidence of the disrepair and its impact on you. For example, take photos or a video of mould growth and how it progresses or keep a copy of your child’s repeat prescription for their asthma inhaler
- Keep a diary – this just means a note on your phone of things that happen. For example, a plumber turns up but without telling you so no access is available or the landlord verbally mentions they will have to put the rent up mid-tenancy agreement if you insist on them sorting out a rat infestation
- Keep receipts – if you have to spend any money because of the disrepair you should keep receipts. For example, buying bottled water if you have no running water or hotel costs if the property is uninhabitable. For example, if there is an electrical fire that has caused major damage to the property and made it completely uninhabitable
- Follow up – most disrepair problems can't be sorted out instantly so you need to follow up if you do not think that your landlord is acting reasonably in sorting the problem out or is not communicating with you about the steps they are taking. For example, the landlord may want to get quotes to get the cheapest repair whilst you are left with overflowing sewerage, no toilet and expected to take time off work to allow numerous plumbers access to the property to save the landlord a few quid
- Take legal advice for tenants on whether you have a tenant urgent disrepair claim and the disrepair compensation you may be entitled to
- Negotiate – it is best to get your Disrepair Lawyers to negotiate if your landlord fails to address the disrepair within a reasonable timeframe. Landlord and Tenant Solicitors will be able to protect your tenant rights by ensuring the repair is sorted out and ensure you get the disrepair compensation you are entitled to. If the negotiations don’t get you what you need you can start a tenant disrepair claim. The negotiations will involve a letter before action to outline the disrepair issue, identify the repairs needed and give a deadline for the landlord to sort out the problem. If the disrepair is serious and the problem isn’t being rectified you may need to engage in alternative dispute resolution (ADR)
- Start proceedings – if your landlord won't rectify the disrepair or compensate you then your Landlord and Tenant Solicitor can start court proceedings if they have exhausted ADR. That involves submitting a claim having gathered evidence of the disrepair, what you have tried to do to sort out the problem, the landlord’s action or lack of, the effect the disrepair had had on you and your family and any extra expenses to which you have been put
- Court hearing – if your landlord doesn’t negotiate satisfactorily after the start of proceedings you can ask the judge for disrepair compensation
Disrepair compensation
Your disrepair compensation may include money for:
- The cost of the repairs so the property can be brought up to a reasonable standard
- Compensation for living in disrepair. For example, your extra heating bill if you had to purchase electric heaters and run them because your boiler was broken in winter
- Damage to belongings if they were destroyed or damaged, such as bedding due to dampness and mould
- Pain and suffering if injuries have been sustained. For example, if you or your child had a health condition exacerbated by the disrepair such as asthma or a skin or mental health condition
Disrepair lawyers London
Our Disrepair Lawyers think all tenants deserve a safe and habitable living environment. We are prepared to fight for your tenant rights and secure disrepair compensation for you. If you have an urgent disrepair claim you can trust our experts to outline your rights and the landlord's repair obligations and to efficiently help you sort out your housing disrepair compensation claim so you can get back to everyday life as a tenant.
Online Disrepair Lawyers London
For landlord and tenant legal advice call the experts at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
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