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Are you are a private tenant living with housing disrepair?
Are you are scared you might not get your deposit back?
Are you frightened about asking for help in case your landlord evicts you?
Are you at breaking point and just can't take it anymore?
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We hope this information is useful, but please contact us if you have any other questions
The short answer unfortunately is still yes. Whilst there are some changes to the law coming which means landlords will not be able to evict you if you're not at fault, those changes still have yet to come into force and landlords can and will still evict as a means of retalliation.
We help private tenants on the same basis as council and housing association tenants - no win no fee. This means you do not pay anything up front and only pay for our services when your claim is successful.
You can claim compensation for living in a property that is in disrepair, along with any damages for personal items that have been damaged and any injury to your health due to the disrepair.
The main focus of a housing disrepair claim is to get your property repaired to the highest possible standards (not your landlord's standard). Compensation depends on the severity of the disrepair and how long you have been complaining about it. It varies on a case by case basis.
You need to have informed your landlord of the disrepair and given them a reasonable amount of time to make those repairs. If they are ignoring you or refusing to repair then providing you still live in the property and can prove that you have notified the landlord then you can make a claim.
Yes, it can make a difference to your claim. If you are not paying rent (even if you believe that withholding rent is fair due to the poor state of your property) you are in breach of your tenancy agreement and your landlord can evict you.
If you're a tenant, the term “housing disrepair” might sound a bit daunting, but it’s an important concept to understand—especially if you’re dealing with unresolved issues in your home. In simple terms, housing disrepair refers to situations where a rented property has fallen below acceptable living standards due to damage or poor maintenance.
As a tenant, you have the right to live in a safe and habitable property, and it’s your landlord’s responsibility to ensure that happens. But what exactly does this involve? Let’s break it down.
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Understanding Housing Disrepair
Housing disrepair covers a wide range of problems in a property. These include (but aren’t limited to):
Structural Issues: Problems like cracks in walls, damaged roofs, or unstable foundations.
Damp and Mould: Persistent damp patches or black mould caused by leaks or poor ventilation.
Heating and Hot Water Problems: Faulty boilers, radiators, or water systems that leave tenants without heating or hot water.
Plumbing Issues: Leaking pipes, broken toilets, or other water-related issues.
Electrical Hazards: Exposed wiring, faulty sockets, or lighting problems.
Infestations: Vermin or pest problems caused by the property’s condition.
In short, anything that makes your home unsafe, unhealthy, or uncomfortable to live in may fall under housing disrepair.
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Your Landlord’s Responsibilities
Landlords are legally required to keep rental properties in a good state of repair. This includes:
- Ensuring the structure and exterior of the property (e.g., walls, roof, windows, and doors) are sound.
- Keeping essential systems for water, heating, and electricity in working order.
- Repairing damage caused by normal wear and tear.
In the UK, Section 11 of the Landlord and Tenant Act 1985 outlines these obligations. In addition, recent legislation like the Homes (Fitness for Human Habitation) Act 2018 strengthens tenants' rights to demand safe living conditions.
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What Doesn’t Count as Housing Disrepair?
It’s important to note that not all property issues are considered housing disrepair. For example:
Cosmetic Problems: Minor issues like peeling paint or worn carpets are usually not covered unless they pose a hazard.
Tenant-Caused Damage: If you’ve accidentally caused damage to the property, it’s typically your responsibility to repair it.
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How to Handle Housing Disrepair
If you’re living with disrepair, here’s what you should do:
1. Report the Problem to Your Landlord: Put your complaint in writing, include photos, and keep a record of any communication.
2. Give Your Landlord Time to Respond: They usually have a reasonable period (e.g., up to 8 weeks) to arrange repairs.
3. Seek Legal Advice if Repairs Aren’t Made: If your landlord fails to address the issue, you may be entitled to make a housing disrepair claim.
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Why Housing Disrepair Matters
Living in disrepair can have serious consequences, from affecting your physical health (think damp-induced asthma or respiratory issues) to increasing your stress levels. Worse, ignoring the problem often leads to further damage and higher repair costs—something no tenant should have to bear.
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Need Help with Housing Disrepair?
At Sparrowhawk Legal, we specialise in helping tenants hold landlords accountable for maintaining their properties. If you’re living in a property that’s unsafe or unfit to live in, we’re here to guide you through the process of making a claim.
Contact us today to find out how we can help you take back control of your living conditions.
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