What steps should a tenant take when making a housing disrepair claim and what are their rights regarding repairs in a rental property

When a tenant encounters issues with housing disrepair, it’s important to understand their rights and the process involved in making a claim. Housing disrepair claims can arise from a range of issues, such as broken heating, leaking roofs, dampness, faulty plumbing, or mold. The tenant may seek compensation or force the landlord to make repairs. Below is a detailed guide on the steps a tenant should take when making a housing disrepair claim.

1. Document the Disrepair

The first step in making a housing disrepair claim is to document the issues in the property. This includes taking photographs, keeping a written record of the issues, and noting the dates when the problems first occurred. Tenants should also record any communication with the landlord regarding the issues. Written communication, such as emails or letters, should be kept as proof of the landlord’s awareness of the disrepair.

2. Report the Issue to the Landlord

It is essential to notify the landlord or property manager about the disrepair in writing, providing a clear description of the problems and the impact they are having on the tenant’s health, safety, or living conditions. Tenants should request that the necessary repairs be made within a reasonable time frame. While landlords are legally obliged to keep rental properties in a safe and habitable condition, tenants must still follow the proper procedure of reporting the issue to ensure the landlord is given the opportunity to address the problem.

3. Allow Reasonable Time for Repairs

Once the landlord is notified, they are typically required to carry out repairs within a reasonable time. The length of this period depends on the severity of the disrepair, but in most cases, a few weeks should be sufficient. If the issue is more urgent (e.g., no heating during winter or a major leak), repairs should be made more quickly.

4. Follow Up with the Landlord

If repairs are not made within a reasonable time frame, tenants should follow up with the landlord. In this case, the tenant may need to send a formal letter or email again, reiterating the issues and requesting immediate attention. It is helpful to keep a copy of any communication sent to the landlord.

5. Seek Professional Assistance

If the landlord fails to address the problem, tenants may seek help from a professional. Tenants can contact their local council’s housing department, which may offer advice or assist with enforcement. They can also hire an independent surveyor to inspect the property and provide an expert report detailing the disrepair. The council has the authority to intervene in cases of serious disrepair that pose a risk to health or safety.

6. Legal Action

If all attempts to resolve the issue fail, tenants may be entitled to make a housing disrepair claim against the landlord in court. The tenant can pursue the case for compensation for any inconvenience, discomfort, or health problems caused by the disrepair. In addition to compensation, the court may order the landlord to carry out the necessary repairs. Legal action should be a last resort, but it may be necessary if the landlord remains unresponsive.

7. Tenant’s Rights

Tenants have the right to live in a property that is safe, secure, and in good condition. Landlords have a legal obligation to maintain the property and make repairs when necessary. In the event of a housing disrepair, tenants are protected by laws that ensure their right to a habitable living environment. If the disrepair causes significant harm to the tenant’s health, the tenant may also be entitled to claim damages for the impact on their well-being.

Conclusion

Making a housing disrepair claim is a step-by-step process that requires patience, persistence, and knowledge of tenant rights. By documenting issues, reporting them to the landlord, and seeking professional assistance if necessary, tenants can ensure that their home is kept in a habitable condition and that their legal rights are upheld. When the situation escalates, legal action may be the final option to enforce repairs and seek compensation for any discomfort or harm caused by the disrepair.