If you are living in a rented property, it is the landlord’s responsibility to ensure that your home is fit for purpose by carrying out any necessary maintenance and repairs. Failure to do so means properties fall into a state of disrepair, and this can be damaging to the health and welfare of tenants.
What is a landlord obliged to repair?
The extent of the repairs that your landlord is liable to carry out depends on the terms of your tenancy, but your landlord will generally be responsible for maintaining and repairing:
1. The structure and exterior of the property,
2. Any sanitary fittings,
3. The heating and hot water,
4. Gas appliances, pipes, and
ventilation appliances,
5. Any electrical wiring,
6. Any damage caused by repair attempts.
What can I claim compensation for?
You can make a claim for any damages you have suffered as a result of disrepair and negligence from your landlord.
For example, you can make a claim for belongings that were damaged or destroyed by a landlord’s failure to carry out repairs or damaged during repair work. You can claim if you or someone in your household suffered damage to their health as a result of disrepair. You can also make a claim for significant inconvenience caused due to being unable to use your home in the normal way because of either disrepair or disruption during the repair process.
If you are able to demonstrate that the disrepair in your rented property is a health hazard, your case might be covered by legal aid.
How can Duncan Lewis help you?
If you are a tenant residing in a property which is in a state of disrepair, we may be able assist you by way of seeking an interim injunction against your landlord to compel them to carry out certain repairs. In some cases, we may also be able to obtain a court order to compel your landlord to carry out certain repairs.
Landlords who are renting out properties which are in disrepair can be equally affected. Disrepair is one of the most commonly used defences against possession proceedings. The impact of this may result in either a prolonged eviction process, or in cases where there are rent arrears, the tenant may evade making full payment. Some tenants intentionally prevent their landlords from carrying out repairs for the above reasons.
We always act swiftly to protect our client’s best interests and fight for any damages that a tenant may be owed as a result of a landlord failing to carry our repairs to a rented property. Equally we are determined to allow landlords to have complete access to their own property if there is any disrepair at their property. Author Dalia Jamil is a caseworker in the Duncan Lewis Housing Department. Dalia has experience working in a wide variety of complex and high profile cases, frequently taking instruction from clients at night or during weekends on an emergency basis, specifically working with clients who are facing eviction.
Duncan Lewis Housing Solicitors
Duncan Lewis Housing Solicitors can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs. The Duncan Lewis housing team specialises in representation in all social housing proceedings including reviews, appeals and judicial review relating to homelessness, disrepair, succession for tenants and neighbourhood disputes against local authorities.
If you have any housing related queries or require representation please do not hesitate to contact our team of expert solicitors on 0333 772 0409.
