Housing Disrepair

The most common forms of property disrepair are:-
> Damp and mould 
> Leaks 
> Heating problems
> Structural cracks
> Drains & gutters
> Pests
(Please note that this list is not exhaustive)

Your landlord is usually responsible for keeping in repair the following:-
> The structure and exterior of the property (including drains, gutters and external pipes).
> The installations in the property  for the supply of water, gas and electricity and for sanitation (including basins, sinks, bather and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity); and
> The installations in the property for space heating and heating water.
The repair responsibilities listed above cannot be removed or varied by anything in your tenancy agreement and the cost of rectifying any repair in relation to the above cannot be passed onto you.

If you have issues at your property then it is imperative that you inform your landlord of the issue immediately by giving proper written notice in accordance with the tenancy agreement. Your landlord will have no obligation to repair or make arrangements to rectify any issues unless they have been made aware of the issue. 

Make sure you have kept evidence to support your case such as copies of your written notice of defects, correspondence between you and your landlord and dated photographs of the disrepair. 

The process (in brief) is as follows:-
> Letter of Claim from the tenant to the landlord.
> The landlord is to respond within 20 days providing any documents requested, whether liability is admitted/disputed, a full schedule of intended works/ an offer of compensation (this list is not exhaustive). 
> If liability is not admitted/a resolution cannot be made, then court proceedings will need to be commenced.
> If a response to the letter of claim is not received, then court proceedings can be commenced.
> Once proceedings have started, you will need to follow and comply with any directions given by the court. 

An expert should be instructed to report on the housing conditions that the landlord ought to have known about and to provide a schedule of works (including estimate of costs of repair and any urgent woks). The protocol provides for the inspection to take place withing 20 works days of the date of the landlords response to the letter of claim.

If the landlord does not carry out their repair obligations, then the tenant can arrange for the works to be done and use their rent to pay for this; HOWEVER, this is only in relation to repairs which are the landlord’s responsibility and NOTthe tenant’s responsibility. You will need to check your tenancy agreement to establish the obligations. 

Before taking any action, and after written notice has been given to the landlord, both parties should consider whether if alternative dispute resolution (ADR) (including mediation) would be more appropriate than litigation. The court may require proof that ADR has been considered.

If you are successful in your claim for disrepair then the Court can:-
> Award compensation 
> Make your landlord carry out the necessary repair works. 
> Declare that the tenant carry out the necessary repair works and the deduct the costs from any future rent.

You should always first investigate the availability of legal aid, legal expenses insurance and trade union membership. Failing that, we may consider accepting your claim on a CFA ‘no win no fee’ or Damages Based Agreement (DBA) basis.