As a tenant, you have a legal right to live in a property that is safe, suitable, and free from housing disrepair. Your Council or Housing Association must repair and maintain your home to a reasonable standard.
However, problems often arise when a landlord agrees to carry out repairs, or is ordered to do so, but then fails to complete the work. In these situations, you may be able to bring a repair breach claim.
You can pursue a repair breach claim once the deadline for completing repairs has passed. This deadline may arise from:
If the landlord does not complete the repairs by the agreed date, or completes them to an unacceptable standard, they may be in breach of contract.
At this stage, legal action may be appropriate.
Although it may appear similar to a housing disrepair claim, a repair breach claim is legally distinct. Specifically, it is a breach of contract claim.
A repair breach claim arises when a landlord has already committed, either voluntarily or by court order, to carry out repairs but then fails to honour that commitment. The breach occurs because the landlord has not met the agreed timeframe or standard of work.
While both types of claims aim to ensure that essential repairs are completed, they operate differently.
A housing disrepair claim is brought when a landlord fails to carry out repairs after being notified by the tenant. The objective is to compel the landlord to meet their legal repair obligations and provide safe, habitable accommodation.
By contrast, a repair breach claim can only be made after the landlord has already agreed, or has been ordered, to carry out repairs. If the landlord then fails to comply with that agreement or order, the tenant may pursue a breach of contract claim.
As a result, repair breach claims often follow on from an earlier housing disrepair claim.
If your landlord has failed to complete agreed or court-ordered repairs, you do not have to accept further delays. Legal action can help enforce compliance and hold the landlord accountable.
Our specialist housing solicitors can advise you on whether a repair breach claim is appropriate and guide you through the process to achieve a resolution.
If you are still living with unresolved disrepair despite prior legal action, seeking advice promptly may be crucial.
For fast, friendly affordable legal advice. Contact a member of our team today.
