Housing Disrepair Solicitors for Landlords in London Defending Claims
At OTS Solicitors, our Landlord and Tenant team has substantial experience in advising landlords across Greater London and the South East on defending housing disrepair claims.
Whether you own a substantial buy-to-let property portfolio or you are renting out the former family home, our Landlord and Tenant Solicitors can help.
Legal advice on a letter before action from a tenant’s solicitor
If you have received a letter before action from your tenant’s lawyer, then you are not on your own. Tenant complaints and housing disrepair claims are on the rise. The increase in claims may be because:
- Tenants are increasingly aware of their tenant rights.
- Some landlords have struggled to repair tenanted properties because of increased mortgage payments, the cost of building materials and repair bills.
- The Renters' Rights Act has encouraged tenants to assess whether they have a housing disrepair claim.
Whatever the reason for receiving a letter before action from your tenant, you cannot afford to ignore it.
Ideally, a landlord should not respond to the letter of claim until they have taken legal advice from solicitors specialising in landlord law. Although you may be tempted to end the tenancy agreement and regain possession, you should not take any steps until you have spoken to a Landlord Solicitor. If you take immediate action, the legal problems could escalate, with the tenant alleging revenge eviction or landlord harassment.
Notice of housing disrepair claim
If you are a landlord who has received a notice of housing disrepair claim, it can be hard to maintain your cool if you feel that you have acted fairly and reasonably as a landlord but have been presented with a list of preposterous demands and an inflated compensation claim.
As Landlord Solicitors in London, we see many landlords upset to receive damp and mould compensation claims, even though they have conscientiously tried to meet all their landlord obligations and the statutory requirements under the Homes (Fitness for Human Habitation) Act 2018.
Damp and mould problems imply that a landlord has failed to uphold their landlord responsibility to provide a rental property fit for human habitation, but landlords complain that mould is inevitable if a property is not heated or ventilated or if a tenant leaves their washing to dry in the property, adding to the moisture overload.
Receiving a notice of housing disrepair claim does not mean that the claim must be accepted or that a landlord will have to pay thousands in compensation. Our Housing Disrepair Claim Lawyers will carefully assess the tenant’s letter before action and provide careful strategic advice on how to defend the claim.
Pre-Action Protocol for Housing Conditions Claims
The rules require landlords and tenants to follow the pre-action protocol for housing condition repairs. If your tenant has failed to comply with the rules, our Landlord and Tenant Solicitors will explain how this could affect their claim and the steps you should take to protect yourself and remain compliant with the protocol.
Alternative dispute resolution and housing disrepair claims
There are substantial court delays due to the number of tenants bringing disrepair claims and landlords serving Section 21 notices and commencing possession proceedings. Accordingly, the onus is on trying to resolve a housing disrepair claim outside a court hearing. This could be through Landlord and Tenant Solicitors' negotiations, mediation or arbitration.
To reach a compromise agreement on a housing disrepair claim, a landlord may need to make a realistic compromise on property repairs or compensation. However, much will depend on:
- The extent of the housing disrepair allegations.
- Whether landlord inspections took place in accordance with the terms of the tenancy agreement.
- Whether the tenant has evidence that they reported the disrepair and their requests for repairs went unanswered.
- Whether the landlord has evidence that they attempted to deal with repairs, but the tenant refused reasonable access requests.
- The landlord has evidence that the housing disrepair is not as extensive as the tenant alleges.
Whether you are a landlord with an extensive property portfolio or an individual landlord, our team of experienced Housing disrepair Claim Solicitors can calmly assess the evidence, provide the strategic legal advice you need and recommend a commercial solution.
Choosing OTS Solicitors to defend a housing disrepair claim
At OTS Solicitors, our Landlord and Tenant Lawyers pride themselves on their calm, unflappable approach to housing disrepair claims brought by tenants. It can be easy to get caught up in the hype of a Tenant Solicitor's disrepair allegations, but our role as your trusted advisor is to review the claim and the evidence dispassionately and to compromise the claim, where appropriate, on terms that are sensible and compliant with your obligations as a landlord and that reflect the strength of the tenant’s case for housing disrepair compensation.
If you’ve received a letter before action or notice of a housing disrepair claim, contact OTS Solicitors today for legal advice on your housing disrepair defence.
Contact our specialist UK Landlord Lawyers.
Appointments are available at our offices in central London, by phone, or via online consultation.
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