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Housing Disrepair

Landlord Repair Obligations and Housing Disrepair Claims | NJS Law

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What Are Landlords Legally Responsible For?

Landlords in England and Wales have clear legal obligations to keep rental properties safe and in good repair. These duties arise under Section 11 of the Landlord and Tenant Act 1985 and apply to most residential tenancies.

Under this legislation, landlords are legally responsible for maintaining:

1. The Structure and Exterior

This includes the fabric of the building and external elements such as:

  • Roofs
  • Walls and brickwork
  • Windows and doors
  • Drains, gutters, and external pipework

2. Essential Installations

Landlords must also keep installations in proper working order, including:

  • Water supply
  • Gas and electricity
  • Sanitary facilities such as baths, basins, toilets, and sinks

3. Heating and Hot Water Systems

Finally, landlords are responsible for ensuring that:

  • Central heating systems
  • Hot water systems

remain safe, functional, and properly maintained.

Even where a tenancy agreement does not explicitly mention these obligations, the law automatically implies them into most residential tenancy agreements. As a result, landlords cannot avoid responsibility by omitting these terms from the contract.

What Are the Common Signs of Disrepair?

Disrepair can take many forms and often worsens over time if left unaddressed. Common examples include:

  • Damaged brickwork, roofing, or windows
  • Faulty electrics, broken heating systems, or blocked guttering
  • Damp, mould, and water leaks

Not only do these issues affect the condition of your home, but they can also seriously impact your physical and mental health. For example, damp and mould may trigger respiratory illnesses, while unsafe fixtures or structures can cause injury. In addition, leaks can damage personal belongings and disrupt everyday living.

Unsurprisingly, many tenants feel frustrated when landlords fail to acknowledge or repair these problems despite repeated reports.

What Is Not Considered Disrepair?

While landlords must maintain a safe living environment, tenants also have responsibilities. Generally, landlords are not responsible for:

  • General household upkeep, such as cleaning, replacing lightbulbs, or changing smoke alarm batteries
  • Damage caused by tenants or their visitor
  • Repairs to personal belongings brought into the property, including privately owned white goods
  • Improvements or upgrades to the property

Understanding the distinction between landlord and tenant responsibilities can help avoid unnecessary disputes.

What Should I Do Next?

If you believe your landlord has failed to deal with disrepair, taking the right steps early is important.

1. Contact Your Landlord and Keep Records

You should report the disrepair as soon as possible and keep evidence, including:

Photographs or videos of the issuesCopies of emails, texts, or lettersA diary recording conversations and timelinesMedical letters from your GP if the disrepair affects your health

This evidence can be crucial if the issue escalates into a legal claim.

2. Speak to NJS Law

You can also contact NJS Law for advice. One of our Housing Disrepair Specialists will guide you through the process and explain your options.

We can help you to:

  • Require your landlord, housing association, or local council to complete the necessary repairs
  • Claim compensation for inconvenience, damage to belongings, or personal injury

How Much Will It Cost?

We understand that renters already face rising living costs. That is why NJS Law handles housing disrepair claims on a No Win, No Fee basis. This means there is no upfront cost to you, and you only pay if your claim succeeds.

Get Expert Advice Today

Do not wait any longer than necessary to resolve ongoing disrepair. Contact NJS Law today by phone or email for a free, no-obligation consultation. We are here to help protect your rights and improve your living conditions.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

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Medical Negligence

What Is Medical Negligence?

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Medical professionals owe their patients a duty of care. In practice, this means they must provide treatment that meets the standard expected of a reasonably competent and skilled healthcare professional working in the same field and circumstances.

However, not every instance of poor treatment results in a valid medical negligence claim. Importantly, negligence alone is not enough. To succeed, the substandard care must have caused avoidable harm.

Negligence Without Injury Is Not Enough

Although a medical professional may act negligently, a compensation claim will only succeed if that negligence causes injury.

By way of comparison, a driver who runs a red light acts negligently. Nevertheless, if no accident occurs and no one is harmed, there is no basis for a compensation claim. Similarly, a doctor may make a mistake or deliver care below the accepted standard, but if the patient’s health is unaffected, a claim will not succeed.

In contrast, where all three elements are present, a duty of care, a breach of that duty, and avoidable harm caused as a result, compensation should be awarded.

The Legal Test for Medical Negligence

To establish a successful claim, the following must be proven:

  1. Duty of care – This is usually straightforward, as a doctor–patient relationship almost always establishes it.
  2. Breach of duty – The care provided fell below the accepted medical standard.
  3. Causation – The breach directly caused avoidable injury, symptoms, or deterioration.

Only when all three elements are satisfied can a medical negligence claim succeed.

Never Events: When Negligence Is Inexcusable

Some medical errors are so serious and preventable that the NHS accepts they should never happen. These are known as Never Events.

Examples include:

  • Leaving foreign objects, such as swabs or surgical instruments, inside a patient
  • Operating on the wrong body part
  • Carrying out the wrong procedure

Where a Never Event results in injury, establishing liability is usually far more straightforward.

Proving Negligence in Other Cases

If the error is not classed as a Never Event, further investigation is required. In these cases, we will:

  • Obtain your full medical records
  • Prepare a detailed statement outlining the concerns
  • Instruct an independent medical expert to assess whether the care fell below an acceptable standard

If the expert confirms a breach of duty, we will then obtain a further report on causation, which examines whether the negligent care directly caused the harm you suffered.

Only when both breach and causation are supported by expert evidence will a claim proceed.

How We Can Help

Medical negligence claims can feel complex and overwhelming. Nevertheless, this is an area we have advised on successfully for many years. Above all, we take the time to listen carefully to your experience and explain, clearly and honestly, whether we can help.

Our NJS Law Medical Negligence Specialists are experienced, compassionate, and committed to achieving the best possible outcome for our clients.

If you believe negligent medical care has caused you avoidable harm, please contact us for advice. We are here to help you understand your options and take the next steps with confidence.

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Categories
Housing Disrepair

Housing Disrepair Claims: Where to Begin

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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:

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
  • Email
  • 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.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Categories
Social Housing Disrepair

Housing Disrepair: What Are Your Options as a Social Housing Tenant?

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This article gives information on Housing Disrepair Claims Social Housing Tenant. It explains the tenant’s and landlord’s responsibilities to do repairs and what options the tenant has if the landlord doesn’t meet their obligations.

If you rent your home from a social housing landlord, they are responsible for dealing with most repair issues. In many cases, the law clearly sets out these responsibilities.

However, while some landlords act quickly, others fail to carry out repairs within a reasonable time. When this happens, tenants often feel unsure about their rights and options.

This guide explains what you can do if your landlord does not address housing disrepair.

Who Is Responsible for Repairs?

Social housing landlords have legal repair obligations. These duties arise in two main ways:

Therefore, if you believe your landlord has not met their responsibilities, you should first review your tenancy agreement. In addition, you may wish to seek legal advice to understand your position fully.

What Is a Social Housing Landlord?

Social housing landlords include a range of organisations, such as:

  • Local authorities (councils)
  • Housing associations
  • Housing trusts
  • Arm’s-length management organisations (ALMOs)
  • Housing co-operatives
  • Tenant management organisations (TMOs)

Each of these landlords must meet specific standards when managing and maintaining their properties.

Repair Standards for Social Housing Landlords in England

In England, social housing landlords must comply with rules set by the Regulator of Social Housing.

For example, landlords must:

  • Provide an effective repairs and maintenance service
  • Respond to tenants’ needs promptly
  • Aim to complete repairs correctly the first time
  • Ensure homes meet the Decent Homes Standard
  • Comply with all health and safety laws

As a result, tenants should expect their homes to remain safe, secure, and well maintained.

Repair Standards for Social Housing Landlords in Wales

In Wales, Registered Social Landlords (RSLs), including housing associations, must follow standards set by the Welsh Government.

Similarly, these landlords must operate an efficient repairs and maintenance service that responds to tenants’ needs and keeps properties in good condition.

What Is the Decent Homes Standard?

In England, all social housing must meet the Decent Homes Standard. Importantly, landlords must continue to maintain properties at or above this level.

A decent home must:

  • Meet the minimum housing standard and be free from Category 1 hazards
  • Be in a reasonable state of repair
  • Have reasonably modern facilities and services
  • Provide a reasonable level of thermal comfort, including adequate heating and insulation

If your home falls below this standard, it may amount to housing disrepair.

The Housing Health and Safety Rating System (HHSRS)

The Housing Health and Safety Rating System (HHSRS) helps local authorities assess housing conditions.

Under this system, councils can:

  • Inspect rented properties
  • Identify health and safety hazards
  • Categorise those hazards based on risk

The regulations cover 29 potential hazards. These include damp and mould, excess cold or heat, asbestos, pests, poor sanitation, unsafe electrics, and structural collapse.

What Can You Do If Your Landlord Fails to Carry Out Repairs?

If you have reported disrepair and your landlord has not taken action, you can consider further steps.

However, if you have not yet reported the problem, you should do so as soon as possible.

After that, your options may include:

  • Making a formal complaint to your landlord
  • Escalating the issue to the Housing Ombudsman
  • Taking legal action to force repairs and claim compensation

Throughout this process, it is essential to keep clear records. For example, keep photographs, repair reports, and copies of all communication with your landlord.

How NJS Law Can Help With Housing Disrepair Claims

At NJS Law, we have decades of combined experience handling housing disrepair claims for social housing tenants.

We are sympathetic, understanding, and committed to supporting you every step of the way. In many cases, we can act on a No Win No Fee basis, meaning there is no upfront cost to you.

If your landlord has failed to carry out necessary repairs, do not wait.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.