Why Use Housing Disrepair Solicitors?

The most recent English Housing Survey shows there more than 75,000 non-decent homes in the UK and this figure is steadily increasing every year. As housing disrepair solicitors, we have observed firsthand the amount of tenants who are seeking to initiate legal action against a negligent landlord. Our clients are just a tiny fraction of tenants living in a state of disrepair. The majority of tenants are unaware of their rights and the possible options that are available to them.

Regarding privately rented properties If your tenancy was established on or after the 24th of October, 1961 and it’s not for a set period of more than 7 years, the landlord is subject to s.11 of the Landlord and Tenant Act 1985, which incorporates in every tenancy agreement the absolute obligation to maintain the exterior and structure of the building in good condition and in good functioning order all appliances related with the provision of gas, water electric spaces heating, sanitation or heating water. This is a continual obligation that runs until the day that your tenure ends.

In the case of Councils or any other landlords with social responsibilities, this rules apply. Social landlords are all bound by the legal obligation of care to ensure that the tenant’s residence is in compliance with standards of the Decent Homes Standard, as in addition to all other laws which establishes standards for environmental, health safety, and health and safety for humans.

It’s a given that landlords whether social or otherwise, cannot be obligated by this requirement even if they’ve not been informed of any problems with the property There are numerous cases that make this a the law. The report does not need to be written down however, it does make the process of bringing legal action easier and therefore it is recommended to record your repair documents in writing whether via email or any other method. But, if you’ve not written down the issues and you can show that the landlord knows about issue within your home (or ought to be) You can still make an action.

If you’ve made a report of disrepair to your property and your landlord, local authority or housing association has not responded in a timely manner to your complaints, you must contact an attorney to help in filing a housing-related claim.

A housing condition claim is sending an email to your landlord to inform them that you are planning to go to court and outlining the damage to that they have been informed of and haven’t been able or unwilling to correct. The letter should include an exact date by which the landlord must have provided their response. If there isn’t a response within this time then you can commence court proceedings.

In the event of disrepair, it could be beneficial to schedule an expert to visit your residence and create an assessment of the issues and how they may affect your life. If the issue is brought to the court, this report could be used to prove your case.

There are two items to “seek” when filing an action for housing conditions. The first is known as an injunction or an order for specific performance which is basically the equivalent of a Court Order telling your landlord to complete the work they’ve failed to complete. It is possible to hold them in contempt of the court in the event that they fail to complete the work required. If the issue you are experiencing demands immediate action such as when you’re experiencing issues with heating or water supply or heating, you might be able to get an interim injunction which can be obtained through the Court faster.

The second one is damages it is the lawful term used to describe compensation. It is granted by the Court in the event that the Judge determines that you owe funds due to the issues with disrepair. You could receive General Damages that are awarded in the event of the suffering or loss (which is not a precise calculation) and the inconvenience you have that you have suffered. If you’ve lost particular items due to disrepair such as when there is mold in your house that has caused the destruction of some of your possessions Additionally, you could be awarded Special Damages that are calculated on the market value of the items that you’ve lost. In addition, Exemplary Damages are given when the conduct of the defendant (i.e. you landlord or housing organization, or your local authorities) is determined to be maliciously ill-intentional. It could be the case for you if you are able to prove that your landlord did not make the repairs due to such reasons, as personal resentment, or because they discriminated against you.

It is crucial that all tenants know their rights with regards to the maintenance and repairs to their property. However, the law can be complicated, and could lead to people being forced to live in homes that aren’t suitable for them to reside in. If you’re in doubt regarding the condition of your home, and you believe that you may be in a position to take actions against your landlord, call our housing department and begin taking action to protect your tenant’s rights.

Are you in a poor living space? If your rental property is in the middle of a decent living standard and requires repairs to stop mould, damp and other issues Call us today to discover what we can do to ensure the best results that is possible.