Tenant Disrepair Claim
Tenants have rights whether renting privately or through a Housing Association or local council. Our Disrepair Lawyers in London can help you understand your tenant rights and advise you on bringing a tenant disrepair claim.
In this blog, our Landlord and Tenant Solicitors explain your tenant rights regarding disrepair so you understand your options.
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.
When can a tenant bring a disrepair claim?
There are broadly four circumstances when a tenant can bring a disrepair claim:
- The house isn’t fit to live in in breach of legislation
- The landlord is in breach of his obligations in the tenancy agreement
- The landlord has carried out repairs but the repairs are not fit for purpose
- The landlord won't fix repairs in a reasonable timeframe
You may be unfortunate enough to have had a combination of these problems.
Can a landlord evict a tenant if they complain about repairs?
With rental property in London and the South East in such short supply, many tenants are keen not to say anything about the state of their property in case:
- The landlord decides to issue a Section 21 notice because the landlord views the tenant as a problem tenant
- The landlord decides to sell up as renting is too much hassle
- The landlord decides to put the rent up to cover the cost of repairs
None of these options are good for a tenant. If you fear that your landlord is engaged in revenge eviction you can enforce your tenant rights. Our Property Disrepair Lawyers provide legal advice for tenants and will explain your options, the costs and timescales. Don’t agree to leave your tenanted property until you have spoken to a Landlord and Tenant Lawyer about your tenant rights and potential claims.
What is revenge eviction?
Revenge eviction involves a landlord trying to get rid of a tenant who has flagged a legitimate issue. For example, the landlord may not be meeting his obligations as a landlord by failing to carry out routine checks (gas safety certificate or electricity certificate), refusing to carry out reasonable repairs or not carrying them out in a reasonable timeframe. The reasonable timeframe depends on whether there is an urgent disrepair claim (such as no heating or running water) or a non-urgent issue (such as a dripping tap).
Stopping revenge eviction
It will be harder for a landlord to engage in revenge eviction when the Renters' Rights Bill becomes law. Until then a landlord can issue a Section 21 notice and start no-fault eviction proceedings.
The section 21 notice may be invalid if:
- It was received after the tenant wrote to the landlord about the repairs or conditions
- The council issued an improvement or emergency works notice
If the council only issues a hazard awareness notice to the landlord, then this does not make the landlord’s Section 21 notice invalid.
Many tenants don’t realise that they can challenge a Section 21 notice as invalid if they complain about property disrepair to their local council and the local authority either issue an:
- Improvement notice
- Emergency works notice
If a landlord receives either of these notices, they can't use the Section 21 Notice process for six months after they get one.
Where a Section 21 notice is valid a tenant can remain in the property until the landlord has secured an eviction and possession order.
Landlord and tenant disputes
Many tenants assume that a tenant complaint is pointless because:
- Their landlord has all the rights as they are in an unequal power relationship with their landlord
- Legal costs make challenging a landlord's failure to repair impossible
- They can't challenge a Section 21 notice so asking the landlord to repair a property is pointless if they are going to ask the tenant to leave in a revenge eviction
Most landlord and tenant disputes don’t end up in court. Our specialist Disrepair Claim Lawyers can help you resolve a repair claim. We can often do this by sending a letter before action.
How does a letter before action by a Disrepair Lawyer work?
A letter before action by a Disrepair Claims Lawyer works by:
- Identifying the problem
- Highlighting the law
- Explaining what the tenant wants the landlord to do
- Giving a deadline for the landlord to comply
- Explaining the consequences if the landlord does not do as asked
A tenant can sometimes think that a letter before action is pointless because they have already tried to speak to the landlord. Unfortunately, it can take the force of a legal letter before action from a tenant’s solicitor before a landlord will comply with the terms of the tenancy agreement or with their legal obligations.
Tenant disrepair claims
A tenant with a tenant disrepair claim can ask their landlord:
- To fix the repair within a reasonable timeframe
- Reduce the rent if the tenant is living in the rental property while repairs are needed to it
- Pay for alternate accommodation if the property is unfit to live in
- Compensate for the disrepair
Compensation can cover any financial losses and damage to belongings, inconvenience and impact on a tenant’s health.
An experienced Landlord and Tenant Solicitor can explain if they think the property would be classed as habitable, the reasonableness of asking for a rent reduction or for compensation. For example, dampness and mould in rental property may have ruined clothing or other items or a tenant may have paid to go to a gym to shower as they have not had hot water for a week or may have had to move into a hotel if they had a young child.
It's best to get early legal advice on landlord disrepair disputes and tenant legal action so you know if you have a potential compensation claim and what evidence you will need to produce as part of your disrepair compensation claim.
Disrepair Lawyers London
Our specialist Disrepair Lawyers in London are committed to helping tenants understand their rights and enforce them. We can help ensure that a landlord does not disregard a repair issue.
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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