Housing disrepair claims occur when a landlord fails to maintain a rented property to a safe and suitable standard for the occupying tenant. Disrepair claims can include a wide range of issues such as damp, mould, faulty heating systems or defective access to electricity, gas, or water. This article looks at the rights and responsibilities of both landlords and tenants in relation to bringing or defending a housing repair claim.
Recent Developments
Birmingham City Council is one of the largest social housing providers in England. In May 2023 they were found to have breached their consumer standards by the Regulator for Social Housing.
Birmingham City Council, like all social housing landlords, are required to meet the Decent Homes Standard. The Regulator concluded that roughly 23,000 homes controlled by Birmingham City Council failed to meet this standard. Birmingham City Council’s failures included;
i) 17,000 overdue asbestos surveys;
ii)15,500 late electrical safety inspections;
iii) 1,000 overdue fire risk assessments; and
iv) 1,000 overdue complaint responses.
Who can help with a housing disrepair claim?
The Housing Ombudsman investigate complaints and resolve disputes involving tenants and the leaseholders of social landlords such as housing associations and authorities. Investigating these complaints is free, independent, and impartial.
The Housing Ombudsman became involved in the investigation into Birmingham City Council and provided advice for both social and private landlords. It highlighted the need for awareness of tone, training and time when dealing with housing disrepair.
The Ombudsman advised that landlords should:
i) not take an adversarial tone with any tenants;
ii) should ensure that landlords, and all who act on their behalf, have necessary training and complaints handling procedures; and
iii) deal with disrepair as promptly as possible.
Housing disrepair claims
Ideally, tenants and landlords should work together to ensure that the living conditions of the tenant are safe and habitable. But sometimes disputes between tenants and landlords are unavoidable. When this occurs it is important that both parties work towards resolving these problems as soon as possible.
How do I start a housing disrepair claim?
To start a housing disrepair claim a tenant must notify the landlord immediately of the defect. The landlord will then be given the opportunity to resolve the defects before they worsen over time. Where both parties act promptly, any potential disrepair claim or dispute can hopefully be avoided.
Where the landlord does not undertake the necessary remedial work within a reasonable time following notice, the tenant can pursue a claim by following the Pre-Action Protocol for Housing Condition Claims. This Protocol sets out the procedure to follow before taking court action. It enables the parties to discuss any issues that need to be resolved outside of court proceedings, saving both money and time.
How do I deal with a housing disrepair claim as a landlord?
All landlords have a duty to keep their properties in a habitable and safe condition for their tenants. The Landlord and Tenant Act 1985 affords landlords reasonable time to undertake any necessary repairs once they have received notice of any defects in the property.
If a landlord becomes involved in a Housing Disrepair Claim which follows the Pre-Action Protocol, they will have the opportunity to remedy the defects in a property before court proceedings are issued. The Protocol also allows them:
i) the opportunity to accept or deny liability for any defects;
ii) to highlight past attempts to repair the defects; and
iii) to flag if they have had difficulty accessing the property to carry out remedial work.
How we can help
We have experience dealing with Housing Disrepair Claims from both tenants’ and landlords’ perspectives and can guide you through the process of resolving a claim.
This article does not constitute legal advice. If you need any help or further information in relation to housing disrepair claims, or any other legal issue, please contact us on 0113 266 0735 or at info@bailoransolicitors.com to speak to one of our legal experts.