A claim for disrepair is a legal action taken by tenants against their landlords for failing to maintain the rented property in a habitable condition. The responsibility for property maintenance and repairs is typically outlined in tenancy agreements and further governed by statutory provisions, such as the Landlord and Tenant Act 1985 and the Housing Act 2004.
Legal Obligations of Landlords
- Structural Integrity: Landlords are required to keep the structure and exterior of the property in good repair. This includes roofs, walls, windows, and doors.
- Installations for Utilities: They must ensure that installations for the supply of water, gas, electricity, sanitation, space heating, and water heating are in proper working order.
- Common Areas: For properties with multiple occupants, landlords are also responsible for maintaining common areas such as hallways, stairs, and gardens.
Tenant's Responsibilities
- Tenants must use the property in a tenant-like manner, which includes carrying out minor maintenance, such as changing light bulbs and unblocking sinks.
- They are also responsible for reporting any disrepair to the landlord promptly.
Grounds for a Disrepair Claim
- Damp and Mould: If damp and mould are present due to structural issues or inadequate ventilation and the landlord fails to address it.
- Defective Plumbing: Persistent issues with leaks, broken fixtures, or non-functioning sanitation facilities.
- Electrical Hazards: Faulty wiring or appliances that pose a risk to tenant safety.
- Unsafe Structure: Issues with the integrity of the building that make it unsafe or uninhabitable.
Process of Making a Claim
- Notice to the Landlord: Tenants must inform the landlord of the disrepair in writing, allowing reasonable time for repairs to be made.
- Inspection and Evidence: If the landlord does not take action, tenants may seek a professional inspection to document the disrepair and gather evidence such as photographs, witness statements, and medical reports if the disrepair has caused health issues.
- Legal Proceedings: If the landlord continues to neglect the repairs, tenants can initiate legal proceedings. This can result in the court ordering the landlord to carry out repairs, pay compensation, or both.
Compensation
- Compensation claims can cover a variety of losses including inconvenience, damage to personal belongings, increased utility bills due to faulty installations, and any health issues resulting from the disrepair.
Landlord Defences
- Landlords may defend themselves by proving that the tenant failed to report the disrepair, that the damage was caused by the tenant’s actions, or that the disrepair is due to events beyond their control, such as natural disasters.
Impact of Recent Legislation
- The Homes (Fitness for Human Habitation) Act 2018 strengthens tenants' rights by ensuring rented homes are fit for human habitation from the start and throughout the tenancy. Tenants can take direct action if their rented home is deemed unfit.