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.
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:
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.
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:
However, keeping records is crucial. Wherever possible, you should:
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.
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.
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.
In law, the burden of proof rests with you as the claimant. Therefore, strong evidence is essential.
You should aim to gather:
This evidence will help demonstrate that the landlord breached their repair obligations and failed to act within a reasonable period.
If you instruct solicitors, a housing disrepair claim typically includes two elements:
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 court has the power to order the landlord to:
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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