Are you a tenant in the UK facing issues with your rented property? Your living conditions should meet certain standards, and it’s the responsibility of your landlord to ensure this. According to disrepair law, if your landlord is negligent, you can start the housing disrepair claims process.
This blog will comprehensively walk you through the whole disrepair process, talk about tenant rights, and, lastly, guide you on when and how to take action.
Duties of a Landlord Towards the Tenant
Your landlord has specific responsibilities to maintain the property you’re renting in a safe and habitable condition. These duties are not just legal obligations; they are also essential for your well-being and quality of life as a tenant. Let’s delve into these duties:
Repairs and Maintenance:
One of the primary responsibilities of a landlord is to keep the property in good repair. This includes not only the structural and exterior elements of the property but also the internal features such as heating, plumbing, and sanitation facilities. For instance, if your heating system breaks down during winter, your landlord should arrange for its repair promptly.
Health and Safety Standards:
Your landlord is obligated to ensure that the property meets health and safety standards. This involves providing a safe environment free from hazards that could harm you or your family. For example, if there’s a loose railing on a staircase, it should be fixed promptly to prevent accidents.
Utilities:
Your landlord must ensure that gas, electricity, and water supply are safe and in good working order. Regular checks and maintenance should be carried out to prevent any disruptions in these essential services.
Tenancy Agreement:
Your landlord should provide you with a written tenancy agreement that outlines both your rights and responsibilities as a tenant and theirs as a landlord. This agreement should clearly state the terms of the tenancy, including the rent amount, payment schedule, and any specific rules or policies regarding the property.
Notice Periods:
If your landlord needs access to the property for any reason, such as carrying out repairs or inspections, they should provide you with proper notice. Similarly, if they intend to terminate your tenancy, they must follow the legal requirements and provide you with the required notice period.
Also read: No win No fee housing disrepair claims
Why Start Your Legal Housing Disrepair Claims Process?
If your rented property is in disrepair, it’s crucial to act promptly. Delaying action can not only affect your quality of life but also put your health at risk. Here are some signs on the legal disrepair process that may indicate the need to start a housing disrepair claim:
Dampness or Mould: Persistent dampness, mould, or mildew in your home can pose significant health risks. If you notice these issues, they should be addressed promptly as they can lead to respiratory problems and allergies.
Heating and Insulation Issues: Inadequate heating or insulation in your property can result in discomfort, especially during the cold UK winters. It can also lead to unnecessarily high energy bills.
Leaking Roof or Plumbing: Roof leaks or plumbing issues can cause damage to your belongings and negatively impact your living conditions. It’s essential to report such problems to your landlord as soon as you notice them.
Pest Infestations: Landlords are responsible for addressing pest infestations such as rodents or insects. If you’re dealing with pests in your rented property, your landlord should take action to eliminate them.
Structural Problems: Structural issues such as cracks in the walls, subsidence, or problems with the foundation should not be ignored. They can worsen over time and compromise the safety of the property.
Pre-Action Protocol for Housing Disrepair Claim
The pre-action protocol applies to problems with living conditions in residential properties in England. It’s for cases where tenants or others want to make a complaint about these conditions, and the landlord already knows about the issues but hasn’t fixed them.
Mainly, the protocol outlines the expected behaviour of both sides (tenants and landlords) before going to court. It’s meant to encourage them to share information early and create a clear process for trying to resolve the problems before starting a lawsuit.
If the issue does end up in court, the court will expect everyone involved to have followed the protocol as much as possible. If someone doesn’t cooperate with the protocol without a good reason, the court can make them pay for the costs or face other penalties.
So, before starting the formal housing disrepair claim procedure in court, you must follow the pre-action protocol. The protocol includes the following set of guidelines designed to encourage settlement without the need for court proceedings. Here’s what you should do when following this protocol:
- Inform the Landlord
- Seek Legal Advice
- Gather evidence
Legal Steps to Start Your Housing Disrepair Claim Process in the UK
Suppose your landlord doesn’t respond to your complaints or fails to make the necessary repairs even after following the pre-action protocol. In that case, you may need to initiate legal proceedings to protect your tenant rights and ensure that your living conditions meet the required standards. Here are the steps to start your housing disrepair claim:
Hire a Solicitor:
Issue a Claim:
With the assistance of your solicitor, prepare and issue a claim in court. This involves filing a Part 7 claim form and particulars of claim, which provide a detailed account of your case, including the disrepair issues, their impact on you, and the remedies you seek.
Defendant's Response:
Once your claim has been filed, your landlord will have a set time frame to respond. They may admit liability and agree to carry out the repairs or dispute the claim. If they dispute the claim, they must provide reasons for their denial.
Inspections and Expert Witness Evidence:
In some cases, both parties may need to allow inspections of the property by independent experts. These experts will assess the extent of the disrepair and its impact. Their findings can be critical in determining the outcome of the case.
Settlement or Trial:
Many housing disrepair claims are settled out of court through negotiations between your solicitor and your landlord’s legal representative. If an agreement cannot be reached, the case will proceed to trial.
Court Decision:
At trial, a judge will make a decision based on the evidence presented and the applicable law. If the court finds it in your favour, it may order remedies such as repairs to be carried out, compensation for any harm or inconvenience suffered, or both.
It’s important to remember that legal proceedings can be complex and time-consuming, and outcomes can vary depending on the specific circumstances of your case. Having a knowledgeable solicitor by your side is crucial to navigating the legal system effectively and ensuring that your tenant rights are protected.
Also read: Housing disrepair compensation guide
Conclusion
In conclusion, understanding the housing disrepair claims process is vital for tenants in the UK. If your landlord fails to meet their obligations, you have the right to take action and seek the necessary repairs or compensation.
By following the proper procedures, you can protect your tenant rights and ensure that your living conditions meet the required standards. Feel free to seek legal advice and take action if you believe your rented property is in disrepair because your well-being and comfort are worth it.
