Disrepair Lawyers London
The Landlord and Tenant Lawyers at OTS Solicitors specialise in disrepair claims.
In this article, our Landlord and Tenant Solicitors answer your questions on disrepair claims.
Disrepair statistics
Statistically, if you rent on an assured shorthold tenancy from a private landlord, you are more likely to live in a property that is classified as non-decent or to have a Category 1 hazard compared to if you are a homeowner or rent your home from a local authority or housing association.
For those interested in the statistics of disrepair, the English Housing Survey 2023 to 2024: Headline Findings on Housing Quality and Energy Efficiency contains a wealth of information.
Disrepair legal advice
If you are a tenant, you should speak with Disrepair Lawyers if the state of repair in your rental property is causing you issues.
Many tenants do not speak to a Landlord and Tenant Solicitor until possession proceedings have been initiated by their landlord or until the disrepair problems are so severe that they are affecting their health.
Likewise, many landlords are wary of seeking specialist housing legal advice about their UK landlord obligations until they are in the middle of a full disrepair claim or have been accused of revenge eviction.
It is advisable to seek legal advice on housing as soon as you become aware of the disrepair issue. A consultation about your rights as a tenant or your legal obligations as a landlord, and our Disrepair Lawyers sending a letter before action, could save you thousands of pounds or the stress of court proceedings, if we are consulted early.
Talk to the Disrepair Lawyers at OTS Solicitors
Whether you are living in a property that is unsafe or are a landlord who has been accused of letting a property in disrepair, you really need specialist disrepair legal advice from the experts.
At OTS Solicitors, our team of Landlord and Tenant Solicitors provide:
- Excellent and efficient legal advice.
- Advice tailored to your circumstances.
- Commercial legal advice so you can take a financial decision on whether to pursue a disrepair claim or defence.
The team at OTS Solicitors will guide and support you at every step from your initial consultation, letter before action, solicitors' correspondence or court proceedings. You can rely on our expert Disrepair Lawyers for the expert disrepair legal advice you need when you need it.
Contact our Disrepair Lawyers in London Today.
Frequently Asked Questions on Disrepair Law
What is classed as a property in disrepair?
A landlord is under a legal duty to ensure that properties rented to tenants are:
- Fit for human habitation, and
- Compliant with the requirements of Section 11 of The Landlord and Tenant Act 1985, and
- Compliant with the Government’s Decent Homes Standard where the home is rented from a landlord in the social rent sector.
Landlords and tenants must also comply with the terms they each agreed to in the tenancy agreement. For example, in the tenancy agreement, the tenant may have agreed to maintain the garden, or the landlord may have agreed to do so.
Am I protected as a tenant by Section 11 of the Landlord and Tenant Act 1985?
Section 11 of the Landlord and Tenant Act 1985 applies to private landlords and social landlords.
The 1985 Act covers most residential tenancy agreements and therefore protects the majority of tenants. However, the 1985 Act does not protect you if you are a lodger or if you are living in a property under a licence agreement.
What does Section 11 of the Landlord and Tenant Act 1985 protect a tenant from?
The 1985 Landlord and Tenant Act requires landlords to make repairs to the structure and exterior of the rental property, as well as maintain installations. This includes boilers, pipes, and electrics.
Section 11 of the Act says that there is an implied term in the tenancy agreement that the landlord will:
- Repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes), and
- Repair and keep in proper working order the installations in the dwelling-house for the supply of water, gas and electricity and sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
- Keep the installations in the dwelling-house for space heating and hot water in proper working order.
Can a landlord exclude liability under the 1985 Act by including an exclusion clause in the tenancy agreement?
A landlord cannot exclude their obligations under the 1985 Act by contracting out of their landlord obligations by including an exclusion clause in the tenancy agreement.
If a landlord cannot exclude liability for disrepair under the 1985 Act, are they always liable for repairs?
A landlord may not be responsible for disrepair in limited situations, such as:
- A tenant did not tell them about a leak or problem until after the end of the tenancy agreement.
- The tenant refused to allow the landlord to inspect the property and refused access to carry out repairs.
Whether you are a landlord or a tenant, it is essential to maintain a record of all communications regarding repairs and access to the rental property.
Is a tenant allowed to refuse a landlord access to a rental property to sort out repairs?
A tenant can refuse a landlord or workman access to their rented property if they have not given at least 24 hours' notice for non-urgent repairs. Notice is not required in emergencies, such as a gas leak or flood into a downstairs flat.
If access is refused, a landlord should keep a record of the refused access to use as a defence in any tenant disrepair claim.
What standard of repair can a tenant expect their landlord to provide?
The law says that when determining the standard of repair required by the landlord’s repairing covenant, regard shall be had to the age, character and prospective life of the dwelling-house and the locality in which it is situated. In other words, if the bath leaks, you can expect it to be repaired or replaced to a similar but not necessarily the exact same standard.
What can a tenant claim compensation for in a disrepair dispute?
A tenant can ask their landlord to compensate them for all reasonable losses flowing from the disrepair. This could include:
- Compensation for personal injury or illness.
- Damages to belongings.
- Cost of alternative accommodation if the property is not habitable.
- Financial losses.
It is essential that tenants seek legal advice before moving out of their rental property, as their views on what constitutes habitable living conditions may differ from those of their landlord. For example, a lack of running water is considered uninhabitable.
Contact our Disrepair Claim Solicitors Today to discuss a disrepair claim.
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