February 2022
Living in a property affected by disrepair can be stressful, uncomfortable, and in some cases unsafe. Understanding your landlord’s repair obligations is the first step towards resolving the problem and, where appropriate, pursuing a housing disrepair claim.
1. Identifying the Type of Repair: What Counts as Disrepair?
To determine whether your landlord is responsible for repairs, you should consider two key sources:
- Section 11 of the Landlord and Tenant Act 1985, which automatically applies repair obligations to most residential tenancies
- Your tenancy agreement, which sets out contractual responsibilities for both landlord and tenant
Under Section 11 of the Landlord and Tenant Act 1985, landlords must keep the following in repair and proper working order:
- The structure and exterior of the property
- Installations for the supply of water, gas, and electricity
- Sanitation facilities
- Space heating and hot water systems
This legal duty covers a wide range of common disrepair issues, including roofs, brickwork, windows, doors, walls, floors, gutters, external pipes, gas systems, and electrical wiring.
Importantly, even if your tenancy agreement does not specifically mention this legislation, these repair obligations are implied by law. They apply to most residential tenancies granted for a term of less than seven years.
That said, your tenancy agreement remains essential. In some cases, it may extend the landlord’s responsibilities beyond those required by law. For this reason, you should always review the agreement carefully.
2. Contact Your Landlord and Keep Clear Records
Once you identify disrepair for which the landlord is responsible, you should notify them as soon as possible. You can report issues in several ways, including:
- Telephone
- Online reporting forms
- In person
However, keeping records is crucial. Wherever possible, you should:
- Maintain a diary noting dates, times, and details of conversations
- Record the names of anyone you speak to
- Keep copies of emails, letters, or online reports
In addition, take clear photographs of the disrepair and send copies to the landlord while keeping originals for your records. If you replace damaged items yourself, retain receipts and photograph the damage. Where the disrepair affects your health, keep any medical correspondence confirming this.
Although landlords are not automatically at fault, they may become liable if they fail to carry out repairs within a reasonable timeframe after being notified.
Repair Timescales
Most tenancy agreements allow landlords to enter the property to inspect and carry out repairs, provided they give at least 24 hours’ written notice.
The urgency of repairs depends on the issue. For example, a burst pipe requires immediate attention, whereas a faulty radiator may allow for a longer response period.
3. Disrepair Causing Ill Health
If ongoing disrepair affects your health or makes the property unsafe, you may also have grounds for a personal injury claim.
In these circumstances, you should continue reporting the issues and seek medical advice from your GP or hospital. Your GP may be willing to write to the landlord outlining health concerns linked to the condition of the property.
Where the landlord fails to act or the situation is urgent, you can contact your local council’s Environmental Health Department. They can inspect the property and issue a formal report, which can be valuable evidence.
4. Collecting Evidence for a Housing Disrepair Claim
In law, the burden of proof rests with you as the claimant. Therefore, strong evidence is essential.
You should aim to gather:
- A copy of your tenancy agreement
- Photographs of the disrepair and resulting damage
- Receipts for damaged personal belongings
- Copies of complaints or repair requests made to the landlord
This evidence will help demonstrate that the landlord breached their repair obligations and failed to act within a reasonable period.
5. The Basis of a Housing Disrepair Claim
If you instruct solicitors, a housing disrepair claim typically includes two elements:
- A claim for compensation for inconvenience, discomfort, and loss caused by the failure to repair
- A claim for specific performance, requiring the landlord to carry out the necessary repairs
If the landlord continues to ignore their obligations, court action may be necessary. You are more likely to succeed where you can show that:
- The landlord was aware of the disrepair
- You gave them sufficient opportunity to act
- The issues remained unresolved
The court has the power to order the landlord to:
- Complete the required repairs
- Pay compensation for damage to your health or belongings
- Pay some or all of your legal costs
Get Expert Help With a Housing Disrepair Claim
Our team has decades of combined experience handling housing disrepair claims. We understand the impact that poor living conditions can have and are committed to supporting you throughout the process.
NJS Law can usually pursue housing disrepair claims on a No Win, No Fee basis.
If you would like to discuss your situation, call or email us today for a free, no-obligation consultation. We are here to help.
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