If you are a tenant in a rented property and worry about housing issues such as damp and mould, structural problems, heating systems, and others. Then, you are eligible to make a housing disrepair claim against the landlord. It forces the landlord to address issues and ensure safe and habitable living conditions. It holds landlords accountable for their legal responsibilities and can provide financial compensation for damages and health issues caused by disrepair.
The procedure for making a housing disrepair claim against a landlord:
To make a housing disrepair claim against your landlord, you should first contact your landlord in writing, detailing the disrepair issues and requesting repairs. The steps you need to take are as below:
- Check if you can take court action
- Negotiate with your landlord
- Compensation through an expert
- Use the small claims court
- Get evidence of repair problems
- Send a letter of claim
- Fill in the court forms and go to the hearing
Call our Housing Disrepair Team at +442030264595 and learn how to claim for housing disrepair.
Pre-Action Protocol for Housing Disrepair Cases
The Pre-Action Protocol for housing disrepair cases outlines the steps that tenants and landlords should follow before taking legal action over housing disrepair. The protocol describes the conduct that the court will expect the parties to follow in a housing disrepair claim before the start of legal proceedings.
Here are the key elements:
Tenant’s Letter of Claim: The tenant must notify the landlord of the disrepair and provide details of the issues, including any impact on health and safety.
Landlord’s Response: The landlord should respond within a specified timeframe, usually 20 working days.
Expert Reports: Both parties may instruct experts to assess the disrepair and provide reports.
Settlement: Both parties should review the situation and consider whether a settlement can be reached before proceeding to action.
Time Limits: The protocol sets out specific time limits for each stage of the process to ensure timely resolution of the issues.
Costs: The protocol guides the costs that may be incurred and how they should be managed.
Evidence Need to Make Housing Disrepair Claim
To make a successful housing disrepair claim, you’ll need to gather various types of evidence to support your case:
- A copy of your tenancy agreement
- Copies of any correspondence between you and your landlord
- Photographs of what needs repairing
- A list of photographs of belongings that have been damaged and copies of receipts if you had to replace damaged items
- Copies of medical reports or a note of medical visits if you were injured or made ill
- Any expert evidence you have, for example, reports from a surveyor or an Environmental Health Officer.
Collecting and organizing this evidence will strengthen your claim and help demonstrate the impact of the disrepair on your living conditions. To check the eligibility of a claim, fill out the Claim Form.
How Much Notice Do You Have To Give Your Landlord?
The notice period will depend on the tenancy or agreement but is often at least 4 weeks. The minimum notice period is 1 month if your rent is due monthly. The amount of notice you need to give your landlord depends on the type of tenancy agreement you have and the terms specified in it. Here are some general guidelines:
Fixed-Term Tenancy: If you have a fixed-term tenancy, you usually need to give notice at least one month before the end of the term.
Periodic Tenancy: For a periodic tenancy, the notice period is typically the same as the rental payment period. For example, if you pay rent monthly, you need to give one month’s notice.
Excluded Tenancy: If you live with your landlord and share rooms, you usually need to give reasonable notice, which is often the length of the rental payment period.
Health and Safety Obligations
Landlords have several health and safety obligations when it comes to housing disrepair. These responsibilities are designed to ensure that tenants live in safe and habitable conditions. Here are some key obligations:
Heating and Hot Water: Landlords must ensure that installations supplying heating and hot water are in good repair.
Damp and Mould: Landlords are responsible for fixing problems that cause damp and mould, as these can make a property unfit for human habitation.
Pests Infestations: Landlords must address pest problems if repairs are needed to prevent pests from entering the property.
Structural Repairs: Landlords must keep the structure and exterior of the property in good repair. This includes fixing issues like cracks in walls, faulty pipelines, and roofing.
Electrical Safety: Landlords must ensure that electrical installations are safe and in proper working order.
Gas Safety: Landlords must ensure that gas installations and appliances are safe and regularly inspected.
If landlords fail to meet these obligations, tenants can take action to enforce repairs and seek compensation for any inconvenience caused by the disrepair.
How Much Housing Disrepair Claim Compensation?
The amount of money you can get for a housing disrepair claim can vary from claim to claim and would most likely depend on the severity of the disrepair in the property. When bringing a housing disrepair claim, it is vital to prove that the property suffers from actionable defects.
Generally, compensation can range from 25% to 50% of the rent you paid during the period of disrepair. Additionally, you may be entitled to compensation for any damaged belongings and health issues caused by the disrepair.
To know more about compensation, check our guide on How Much Compensation Damp and Mould for Housing Disrepair in the UK.
How to Ask for Compensation for a Housing Disrepair Claim?
To ask for compensation for a housing disrepair claim, send a formal compensation request in your compensation letter. After that, provide detailed evidence such as photos, videos, medical records, and receipts. Clearly state that you are seeking compensation for the inconvenience, damage to belongings, health issues, or financial losses caused by the disrepair.
Keep records of all communications and follow up if you do not receive a timely response. If your landlord does not respond or refuses to compensate, consider seeking expert advice from the Housing Disrepair Team at +442030264595.
How to Take Your Landlord to Court for Repairs?
To take your landlord to court for repairs, first check if you can take court action, then negotiate with your landlord. If that fails, seek compensation through an expert or use the small claims court. Gather evidence of repair problems, send a letter of claim, and finally, fill in the court forms and attend the hearing.
Fill out the Claim Form to know the responsibility and amount of compensation for damp and mould claims.
Why Choose Us to Claim Against Landlords?
Choosing the Housing Disrepair Team to claim against your landlord offers several advantages. Our team specialises in handling housing disrepair claims and provides expert guidance throughout the process. Their services are offered on a No-Win, No-Fees* basis, meaning you won’t have to pay unless your claim is successful. With their experience and dedication, our team can help you secure the compensation you deserve and ensure your living conditions are safe and habitable.
*The solicitor we recommend will charge you a fee of 36% (inclusive of VAT) of your compensation. The solicitor may charge a termination fee if you cancel your agreement with them after the cancellation period, please read their Terms and Conditions for more information.
