Every landlord is obliged to maintain his or her rented property in good order, whether this is stated in your rental agreement or not. If your landlord fails to make necessary repairs to the property that you are living in then you are able to make a claim against them for any discomfort, inconvenience or illness that may arise from the defect. It is a good idea to seek advice from a housing solicitor before making a claim as there are procedures that need to be followed and it would be a waste of time if your claim were to be rejected due to a technicality.
Procedure for the tenant to follow
Before making a claim against your landlord for disrepair damages, make sure that you have a valid claim. It is the responsibility of the tenant to make the landlord aware of the need for repairs to be done and then give sufficient time for them to carry them out. There is no set format for notifying your landlord, telling them verbally is fine, but putting details of the problem in writing and keeping a dated copy may be useful if you need to bring a claim. The tenant must also allow access to the property for the landlord to inspect the problem and for contactors to fix it; there is no claim if you refuse to allow access. It is always a good plan to check with housing lawyers before bringing a claim.
Valid grounds for a claim for disrepair
The landlord is legally obliged to repair any damage or disrepair to a property as long as the tenant is complying with the terms of the tenancy agreement; check with a disrepair solicitor for details on what is and is not covered under section 11 of the Landlord and Tenant Act 1985, which deals with disrepair. The landlord is not required to improve the standard of a property above reasonable living conditions, nor is he or she liable to fix any damage done by the tenant, either by accident or on purpose. If a tenant decides to make renovations without prior consent and this damages the property it is the tenant that must make the repairs. A tenant cannot withhold rent in protest for repairs not being done, although they can come to an arrangement with the landlord to have the repair done themselves. If you decide to do this then be sure to get written quotes and written agreement from your landlord, stating what you will be repairing and how much you have both agreed it will cost.
If the disrepair is related to your landlord trying to evict you; for example, if he or she is refusing to make repairs because they want you to move out, then seek advice from a housing possession solicitor, as you may have a case against your landlord for harassment, which is a criminal offence. Housing solicitors will be able to help you navigate the procedures and paperwork and ensure that you have a valid claim that will stand up in court.
Procedure for the tenant to follow
Before making a claim against your landlord for disrepair damages, make sure that you have a valid claim. It is the responsibility of the tenant to make the landlord aware of the need for repairs to be done and then give sufficient time for them to carry them out. There is no set format for notifying your landlord, telling them verbally is fine, but putting details of the problem in writing and keeping a dated copy may be useful if you need to bring a claim. The tenant must also allow access to the property for the landlord to inspect the problem and for contactors to fix it; there is no claim if you refuse to allow access. It is always a good plan to check with housing lawyers before bringing a claim.
Valid grounds for a claim for disrepair
The landlord is legally obliged to repair any damage or disrepair to a property as long as the tenant is complying with the terms of the tenancy agreement; check with a disrepair solicitor for details on what is and is not covered under section 11 of the Landlord and Tenant Act 1985, which deals with disrepair. The landlord is not required to improve the standard of a property above reasonable living conditions, nor is he or she liable to fix any damage done by the tenant, either by accident or on purpose. If a tenant decides to make renovations without prior consent and this damages the property it is the tenant that must make the repairs. A tenant cannot withhold rent in protest for repairs not being done, although they can come to an arrangement with the landlord to have the repair done themselves. If you decide to do this then be sure to get written quotes and written agreement from your landlord, stating what you will be repairing and how much you have both agreed it will cost.
If the disrepair is related to your landlord trying to evict you; for example, if he or she is refusing to make repairs because they want you to move out, then seek advice from a housing possession solicitor, as you may have a case against your landlord for harassment, which is a criminal offence. Housing solicitors will be able to help you navigate the procedures and paperwork and ensure that you have a valid claim that will stand up in court.
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