Facing a Disrepair Claim from a Tenant? Get Expert Legal Support
Protect your property interests and defend unjust disrepair claims.
Landlords understand that it is inevitable that rental properties will require repair and that some tenants experience more repair issues than others. However, landlords need expert landlord legal advice when faced with a housing disrepair claim that they believe is bogus or exaggerated.
Talk to Our Landlord Defence Team Now to Resolve Disrepair Disputes Efficiently
Tenant’s legal rights
A tenant has the legal right to live in a safe and habitable property. Landlords who ignore tenant complaints risk a housing disrepair claim and being ordered to pay substantial compensation for poor housing conditions.
Landlords cannot ignore tenant rights. Our Landlord and Tenant Solicitors are sometimes told that a landlord did not respond to a tenant’s requests for rental property maintenance because:
- They thought the tenant’s rights were more limited because of the terms of the tenancy agreement.
- They were intending to sell the property at the end of the tenancy agreement.
- They were planning to serve a Section 21 notice or a Section 8 notice.
- They had a complete refurbishment planned at the end of the tenancy agreement.
- The mortgage payments had increased, and the profit margins did not allow for expensive renovations.
- They thought the tenant was exaggerating the disrepair issues or that the claim was unjust.
- They intended to get to the maintenance issues with DIY, but they had other commitments.
- They did not think the property was uninhabitable.
- They were unaware of the housing legislation and regulations relating to health and safety.
- As the tenant was in breach of their tenancy agreement, they thought the tenant had lost all their rights.
None of these ten explanations provides an excuse for landlords or offers a complete defence to a housing disrepair claim.
Disrepair claims
Some landlords assume that tenants have limited rights or will be deterred from claiming because of the threat of eviction. These two premises are false. Tenants are protected by law, and a landlord will be guilty of an illegal eviction if they try to force a tenant out of a rental property because the tenant has attempted to hold their landlord accountable for complying with the law and regulations, ensuring the rental property is safe, secure, and habitable.
If a landlord is unsure whether a tenant has a repair issue that falls within the legislation and regulations, it's best to seek expert legal advice on the disrepair claim and obtain independent evidence on the extent of the disrepair, its cause, and the repair solutions. For example, an independent expert may suggest that extensive mould growth may be due to a guttering issue if the property was not adequately maintained, or due to inadequate ventilation and heating by the tenant, compounded by their practice of drying clothing indoors.
Delegating property repairs to a letting agent
The fact that a landlord uses a letting agent to find their tenants and manage their rental property does not mean they can avoid a housing disrepair claim by a tenant.
A tenant’s claim is against their landlord, who is the property owner. A landlord may have a counterclaim against their letting agent if the agent failed to meet its contractual obligations. For example, the agent did not inform the landlord about the tenant’s complaints or take action to obtain the landlord’s permission to carry out the necessary repairs. Whether a claim against an agent will be successful depends on the extent of the agent’s contractual liability. Many landlords assume that their agent has taken on 100% liability, but that is not correct if the agent's role is limited to finding the tenant or if the agent passed on information to the landlord, and the landlord did not authorise the suggested repairs and expenditure.
Resolving housing disrepair claims
As expert Housing Disrepair Claim Lawyers, our job is to resolve a tenant claim as quickly and cheaply as possible. The approach taken will depend on the circumstances, such as:
- The tenant has exaggerated the repair issues to seek compensation or to avoid eviction.
- The landlord has not acted on the tenant’s complaints of disrepair, or does not have evidence that they responded to the tenant.
- The landlord acted as quickly as possible when the tenant raised repair issues, and any property owner or tenant would need a short period before repairs could be actioned.
Our Landlord and Tenant Solicitors recommend that when faced with tenant complaints about property repair, a landlord takes these steps:
- Communicate with the tenant and don’t ignore tenants' reports that the property is not safe, secure or habitable.
- Don’t over-commit if a tenant reports a problem, but do promise to check and investigate.
- Don’t delay, as whilst your family might be able to cope with a faulty boiler or a leak, the tenant is entitled to repairs within a reasonable timeframe.
- Don’t accept fault until you are known to be at fault. For example, a tenant reporting dangerous electrics does not necessarily mean that the electrics at a rental property are dangerous. The problem could lie with the tenant’s faulty appliance. The issue needs to be investigated before the fault is accepted.
- Ensure inspections take place in accordance with the terms of the tenancy agreement and that regulatory checks take place. If there are issues with the tenant and their behaviour, then let them know and get evidence, such as photos. For example, if there is evidence of a bathroom leak caused by the tenant leaving the bathroom taps on.
- Make sure any communications with the tenant are in writing, even if it is just a WhatsApp message or a text. Remember that if the claim goes to court, those messages may be part of your defence and read by a judge. Therefore, the contents should be kept neutral and professional.
- Don’t assume that your DIY repairs or views on whether a property is habitable or not will be sufficient to defend a claim. Seek expert advice from suitably qualified professionals on the root cause of the disrepair and potential solutions.
- Take legal advice about housing disrepair claims and on whether you can or should serve a Section 8 notice or Section 21 notice.
- Don’t delay in resolving a claim if your Landlord and Tenant Solicitors recommend that you settle a claim as the tenant has a cast-iron case.
- Reduce your liability where possible. For example, by paying for the tenant to stay in a hotel if urgent repairs are required to a property that is not in a habitable condition, and the tenant's stay in the property is contributing to their damages claim due to the impact on their health.
Landlord legal advice on housing disrepair claims
Our Housing Disrepair Solicitors London recommend that landlords seek specialist landlord legal advice when a tenant raises an issue of property disrepair and seeks compensation for poor housing conditions. Taking early housing law advice can help a landlord either avoid, settle, or successfully defend a disrepair claim from a tenant.
Talk to Our Landlord Defence Team Now to Resolve Disrepair Disputes Efficiently
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