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3 Things You Should Do Before Making a Housing Disrepair Claim

Article provided by DisrepairClaim.co.uk:



Many people find themselves being ignored by their landlord when it comes to repair requests. Unfortunately, the disrepair scandal in the UK is getting worse, exacerbated by the COVID-19 pandemic. This is particularly true for social and council housing tenants who raise complaints with their housing associations, only to be told they cannot help or fobbed off.

However, you cannot just decide to immediately file a complaint after discovering damage in your home. There are certain protocols to follow. Below is a list of the things that you need to do first before you can formally file disrepair compensation claims.


1. Who is responsible for the disrepair?

Before doing anything else, check all the disrepair in your home. Improvements like replacing a light bulb and minor repairs like changing a broken wall mirror are your responsibilities. Major repairs like fixing a broken toilet and structural damage are the landlord's responsibilities.

Here's a list of housing disrepair that you can claim for against your landlord:

• Mould caused by damp
• Faulty pipes and electronics
• Non-functioning or damaged boiler or heating systems
• Broken, unsafe staircases and flooring
• Gas leaks
• Loose brickwork or tiles
• Broken window frames and doors
• Vermin infestation
• Non-functioning sanitation equipment


2. Inform your landlord about the disrepair in your home.

After determining that the disrepair is your landlord's responsibility, the first thing you need to do is inform them about the issues. Be sure you have all the documents you need to show as proof, including photos and videos of the disrepair. Send copies of everything to your landlord.

The Tenant's Letter of Claim is a written notification sent to a landlord for the purpose of avoiding delays and ensuring the information is given at the earliest time possible. It should include:

• your name
• address of the rented property
• your contact number
• when it is possible to access the property
• and if you live somewhere else at the moment, your current address

All details relevant to the disrepair, including their history and attempts to fix them, must be included in the letter as well.

The UK law states that you must give your landlord a "reasonable amount of time" for them to respond to your request. This can be subjective and may depend on your case, but something along the lines of 20 working days can often be deemed reasonable. If your landlord is still ignoring repair requests or is unable to do the repairs after the given time frame, you can start filing your claim.

If your landlord insists on going inside your home, remind them that they have to inform you of such an intention in writing at least 24 hours before the preferred inspection schedule.

The time frame for filing a housing disrepair claim against your landlord dependent on the following:

• A housing disrepair compensation claim for the damage within your home is typically made while you are still living in the property or after your tenancy ends. A claim should be filed less than six years after the repairs should have been done.

• A personal injury claim due to the disrepair in your home must be filed within three years after discovery of the injury.

• An injunction or order that requires your landlord to do work in the property you are renting must be filed during your tenancy.


3. Consider alternative dispute resolution (ADR)

Talk to your landlord and try to suggest coming up with a compromise in the form of alternative dispute resolution, which is also known as ADR. This is suggested particularly for parties that do not want to bring the issue to the court. However, it is important to give any potential court evidence that both parties agreed to alternative ways of resolving the disrepair problem.

Regardless of the situation, litigation is always the last resort for housing disrepair claims. If you and your landlord should choose this alternative option, ensure that a claim in the courts is not yet issued while both parties work on the settlement.

The options made available include mediation for private tenants and the Right to Repair Scheme and the Housing Ombudsman Service for council and social housing tenants.


Filing your disrepair claim

When you're ready to file your ongoing housing disrepair claim, coordinate with your council or housing authorities right away. As mentioned above, going to court should be the last option for your housing disrepair compensation claims. You can also find a team of experienced housing solicitors; they can help you with all the legal requirements and proceedings of your claim.

If this is something you don't feel you want to handle on your own, there are Housing Disrepair companies which are able to help social and council housing tenants with any housing disrepair claim they might have. Your claim could be worth thousands, and they can help force your landlord to carry out the needed repairs as well. They'll guide you every step of the way of the claims process and should offer to run the case on a no win, no fee basis.

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