Housing Disrepair Claim - Everything You Need To Know

housing disrepair claim landlord requirement fixing property

When you’re renting a property, your landlord is responsible for fixing any damage that occurs to the building while you are living there. This includes damage to either the interior or exterior of the house along with any furniture that came with the home. 

As a tenant, you are entitled to make a housing disrepair claim if the landlord does not fix any reported damages. 

A housing disrepair claim not only covers the cost of fixing the damage but may also include compensations for the different ways your quality of life and living conditions have been affected by it. 

How exactly does this work, and what do you need to know about making a housing disrepair claim? Read on to find out more about housing disrepair claims. 

What Repairs Are Landlords Responsible For? 

The first step in making a home disrepair claim is to figure out if you have the right to a claim in the first place. This involves figuring out if the type of damage the property is suffering is one that the landlord is obligated to fix. 

Generally, the landlord is responsible for any damage to the common areas, such as the hallway and stairs. Other types of damages the landlord is responsible for include: 

● Problems with the water heating systems 
● Issues with the exteriors and general property structure 
● Damage to any of the sanitation fittings such as baths, sinks, drains, and pipes 
● Faults in the electrical wiring 
● Ventilation issues and so on. 

Typically, the tenancy agreement between you and your landlord should include a more comprehensive list of all the repair obligations that go to the landlord. Note that you are responsible for any damage that results from your actions or irresponsibility. 

When Do You Have A Home Disrepair Claim? 

Generally, two main conditions must be fulfilled before you can qualify for home disrepair compensation. First, your landlord must have been notified when the damage occurred or know beforehand about the damage. 

You’ll be entitled to compensation if they do not fix the damage after being notified several times about it. The second condition and grounds of claims are if the damage could have been avoided if the landlord exercised their responsibilities when the damage was reported. 

How Can You File A Disrepair Claim? 

If you have reported damage, but the landlord failed to respond to your repair requests, you can go ahead and file a home-disrepair case against them. 

The first step is to ensure that the issue reported to the landlord is properly documented. This would mean taking photos or videos of the damage and keeping a record of your correspondence to the landlord on the issue. 

These documents will be valuable to prove your case that the damage indeed occurred and the landlord was unresponsive to your request for repair. 

You will also need to establish that the tenancy agreement with your landlord covers the damage in question. Medical reports of injuries due to the damage or reports from an environmental health officer inspection over this issue should be documented as well. 

With all of these pieces of evidence, you can approach a home-disrepair expert or solicitor like total.law to help you with the legal process of filing your case. 

The attorneys will help you get a better understanding of your case, your legal responsibilities, and the possible outcomes of this case. They will also help file your case according to the housing-disrepair protocol outlined in the Landlord and Tenancy Act. 

What Can You Claim In A Home Disrepair Case? 

You can make claims for several things when you file a home disrepair case. These include: 

● Damage to your personal property 
● Damage to home furnishings due to the initial damage 
● Damage to clothing and other materials 
● Secondary damage as a result of a poorly done initial repair 
● Health issues or injuries due to the damage. 

The exact amount you can get as compensation depends on the specific circumstances of the damage and other accompanying factors. 

Can You Make A Home Disrepair Claim If You Have Rent Arrears? 

People with rent arrears often fear being evicted over a home-disrepair claim. However, you are protected by the law and cannot be evicted by the landlord over your housing disrepair claim even if you have pending arrears to pay. 

Conclusion 

The best way to file your home disrepair claim and get the desired outcome is to work with a solicitor to help file your claim. Look for an expert or team that deals with cases like this once you have decided to take a legal route with your home disrepair claim.

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