Property Damage, Maintenance & Repairs

Are you a tenant who needs help with a landlord who is not meeting their repair obligations? Or perhaps you are a landlord in a dispute with a tenant about this issue. Our expert team of housing repair solicitors in London can advise and represent you.

At OTS Solicitors, we know that navigating issues around property damage, property repairs and maintenance in rental properties can be very complicated. With our specialist expertise, we can help to untangle these issues, offering clear advice and robust representation to protect your rights and interests.

For a detailed discussion of property repairs and maintenance issues or to book an appointment with one of our landlord and tenant team, please call us now on 0203 959 9123.

Our team can provide expert support for property damage issues in rental property, including:

• Landlords’ responsibilities for property repairs and maintenance
• Accidental damage to property by tenants
• Compensation for damage to property
• Housing disrepair claims

Please note: the information provided on this page is for general interest purposes only and should not be taken as legal advice. If you need specific legal advice, our team will be happy to assist you.

Speak to our housing repair solicitors today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our property repairs and maintenance solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.

Property damage in rental properties explained

How do I claim damages from my landlord?

If your health or property has been damaged due to actions by your landlord or as a result of their negligence, then there are various steps you can take to seek compensation for your losses.

In the first instance, you should contact your landlord and notify them of the issue. Ideally, you would provide clear evidence of the issue, such as photographs and/or videos. In many cases, landlords will resolve the issue at this stage by agreeing a suitable payment with you, but unfortunately, things are not always so straightforward.

If you cannot agree suitable compensation with your landlord, then it is a good time to consult specialist housing solicitors for advice. They can advise on your rights and, where appropriate, write a ‘letter before action’ to your landlord.

A solicitors’ letter will set out the details of your claim, including what losses you have suffered, why you hold your landlord responsible and what sort of compensation you are seeking. Landlords will often agree to settle at this point because the fact you have retained a solicitor will show that you are taking the matter seriously and are unlikely to simply back down.

It is common for landlords to seek to negotiate once solicitors become involved. Your solicitor can handle these negotiations for you or advise you on how you should approach these negotiations yourself. If you can agree a settlement, you should make sure to discuss this with your solicitor so you can be confident the settlement is fair and you fully understand the terms.

In those rare cases where it is not possible to settle a property damage claim amicably, then court action may be needed. A solicitor can help with preparing your case and make sure you have expert representation for any hearings that are required. Having this type of expert support can significantly increase your odds of securing a positive outcome.

Who pays for accidental damage to rental property?

Property damage liability can be tricky when it comes to rental property. If accidental damage is caused to the structure of the property, its windows, doors, roof or any other exterior parts of the building, then the landlord would generally be responsible and they should have suitable insurance to cover this.

However, if the damage was the tenant’s fault, then they may be responsible and might have to pay for any repairs or pay the landlord an equivalent amount in compensation for the damage to the property.

If you are unclear about who is responsible for paying to make good accidental damage to a rental property, then our housing repair solicitors will be happy to advise you.

Can a landlord charge for accidental damage?

Yes, if a tenant is responsible for accidental damage to a property, then the landlord can potentially charge the tenant for the cost of making repairs under property damage laws in England and Wales. If the damage is only uncovered at the end of the tenancy, then the landlord can likely deduct the cost of repairing accidental damage from the tenant’s deposit.

Who is responsible for repairs in a rental property?

A landlord is typically responsible for making repairs to rental property, including general property maintenance. However, if a tenant is responsible for causing any damage that needs repair, the landlord can potentially charge them for any costs involved.

If a landlord is failing to make suitable repairs when required, this might result in a housing disrepair claim by the tenant. Our team have strong expertise in housing disrepair claims, so can advise you if you are concerned about this issue.

What counts as property maintenance?

When talking about rental property, then property maintenance generally refers to the actions a landlord is required to take to keep the property safe for the tenant. Other issues not related to providing a safe property may sometimes be referred to as property maintenance, but taking action over such issues is not necessarily a legal requirement.

What maintenance should a landlord do?

A landlord’s maintenance obligations will typically cover issues such as:

• Having an annual gas safety check by an appropriate professional and making sure any necessary works are carried out to remedy any issues that are uncovered
• Maintenance of smoke alarms and carbon monoxide alarms
• Ordering an electrical inspection and making sure any safety issues identified are resolved
• Keeping the property safe from health hazards

Exactly what a landlord is required to do to maintain a rental property is partly covered by legislation but will also normally be defined in the terms of their tenancy agreements.

If you have any concerns about a landlord’s maintenance responsibilities, then we can provide expert advice on the legal aspects of property maintenance in London and across England and Wales.

How much compensation can you get from a landlord?

How much compensation you can get from a landlord will depend on the circumstances, including what specific losses you have incurred. Our housing repair solicitors can discuss this with you, so you can get a clear picture of what you may be able to claim, as well as the process involved.

Our fees for support with landlord repairs law

The cost of legal advice needs to be carefully considered, so we make sure our fees are always completely transparent. For some matters, we can offer fixed fees, while for others an hourly rate may be more appropriate.

During your initial consultation with our team, we will talk about the likely costs involved in dealing with your requirements. You can then decide whether you think this is suitable for your circumstances and the value of the outcome you are hoping to achieve.

Speak to our housing repair solicitors today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our expert team about property repairs and maintenance, please call now on 0203 959 9123 or use our simple online enquiries form.