Property in disrepair
Your tenancy agreement or tenant’s handbook should provide details of your landlord’s obligations regarding the repair and maintenance of your home. If your landlord is a local authority or housing association, their website might also provide guidance on their obligations. The law also implies into your tenancy agreement certain repairing obligations even if these are not specified in the agreement or if you don’t have a written agreement.
It is your responsibility to notify your landlord of any disrepair problems as soon as you become aware of them. If your landlord refuses to carry out repairs within a reasonable time he or she may be in breach of your tenancy agreement. If so, you may be entitled to compensation as well as having the legal right to insist that repairs and other actions are carried out.
Until January 2019 the law took quite a restrictive approach to what defects constituted “disrepair” for which a landlord is liable. For example damp and mould caused by condensation was not normally considered to be a breach of a landlord’s tenancy obligations.
However new legislation has widened the types of defects and problems that can potentially be raised in a disrepair action. For example mould caused by condensation dampness, inadequate heating, inadequate sound insulation etc
Dealing with an unresponsive or uncooperative landlord can be distressing and it is unfair for you to have to continue to live in a home which is in disrepair after your landlord should have taken action.
Our solicitors have extensive experience dealing with unwilling landlords and one of our experienced housing lawyers can visit you at your home to understand the extent of your problem first hand. We can then advise you on the strength of your case.
Funding the cost of legal advice
We can advise you on whether you might be entitled to legal aid or, if not, whether a no win, no fee agreement or fixed fee package might be appropriate to help manage your costs.
Contact us for expert legal advice
Based near Liverpool Street station in East London, we advise people right across London and beyond. We offer a comprehensive service, from initial advice to representation at court. The housing team is a member of the Housing Law Practitioners Association.
Contact our housing and property lawyers today, we are ready and waiting to help.