Housing Disrepair Claims

The tenant is responsible for minor property maintenance, such as repairing a blown light bulb, replacing a broken door handle and keeping the property clean. It is the landlords responsibility to maintain the major parts of a property such as the heating and plumbing systems. 

Housing disrepair claims are best handled by an experienced solicitor due to the fundamental distinctions drawn between what the Tenant is responsible for and what the landlord is responsible for. 
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When talking disrepair claims, it is important to know the difference between repairs and improvements. If a tenant damages a door frame for example, it is the tenants responsibility to ensure this is replaced and maintained as it was a result of the landlord's neglect. If however, a boiler breaks and there is no hot running water, then the landlord is responsible for the repair. 
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If a tenant takes it upon themselves to make improvements to the property, then the landlord has no responsibility or duty of care for this, as it was not something provided by the landlord.
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If a landlord feels that improvements are not necessary to a property, they are within their rights not to agree and can not be forced by a tenant into doing so. For example, if a tenant feels that a single glazed window is not keeping enough noise out or fails to keep the heat in during winter months, the landlord is not obliged to replace the window if the window is in an adequate condition.
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To pursue a successful housing disrepair compensation claim, the tenant must prove that the landlord failed to maintain the property's infrastructure and neglected to provide adequate repairs which directly resulted in personal injury and harm.

The Landlord and Tenant act was introduced in 1985, to help protect tenants against inadequate housing and poor living conditions, provided by landlords.
Below highlights the key responsibilities of the landlord which are laid down, by the law:
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•  A property must meet fire safety regulations
•  Gas, electricity, water and sanitation must be in working order
•  Central heating and wiring must be working
•  The landlord must provide adequate security for the property
•  External structures, such as gutters, must be kept clean and structurally sound
•  The more recent Homes (Fitness for Human Habitation) Act 2018 also contains the provision   that a property must be free of mould and damp.
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If any of the above laws have been broken by a landlord, the tenant is entitled to make claims against them.

Bad weather can add to poor housing conditions, causing mould and damp to form in a property, therefore it is the landlord's duty to ensure that their property is kept free from these harmful bacteria's. If a landlord chooses to neglect these issues, they are risking personal injury to their tenants.
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Damp and mould can cause respiratory illnesses, which in many cases can be quite severe and can lead to claims against the landlord if they failed to prevent mould or damp outbreaks.

Landlords have a duty of care to their tenants. If their neglect and lack of repairs lead to a personal injury, then the tenant will be entitled to compensation through housing disrepair claims.

There are many different types of injury that can be caused by housing disrepair, but a few of the most common claims will involve the following circumstances:

Respiratory diseases caused by mould or damp
Physical injuries caused by poor lighting in the home or poor infrastructure (for example, an injury caused by a falling tile or door)
Asbestos-related illnesses (this can be a problem in older houses)
Injuries sustained by faulty electrics
Injuries sustained due to structural problems inside or outside the house.
Injuries can be short term or long term, so you could claim for a physical injury caused by a broken window. Equally, a claim could be filed by a person diagnosed with a respiratory illness due to long-term damp conditions in the property.

Importantly, there needs to be a clear link between a tenant’s health problem and the disrepair, and these need to be established and proven during the claim. Legal advice will be necessary, as personal injury protocol must be followed.