WHAT TYPE OF DISREPAIR CAN YOU CLAIM FOR?
DAMP, MOULD, FUNGUS
It is your landlord’s duty to make sure your property is free of damp, mould and fungus. These issues in your property can be injurious to your health and can have long last lasting damage to your property. Dampness normally arises out of a leak or water vapour within a property or room. This can cause health problems.
PESTS, RODENTS AND VERMIN
Having an infestation of pests and vermin (such as rats, mice, fleas and bedbugs) is a common problem and also the most distressing and embarrassing. If your landlord is at fault we can help you bring your property back to a liveable state.
These pests are all either dangerous to a tenants health or carry disease that is dangerous to health. The elderly, the sick and young tenants are the most at risk from pest infestations.
LEAKS, FLOODING OR WATER DAMAGE
Leaks and water damage can occur because of faulty plumbing or guttering. The effect this can have on your property and your personal items can be devastating. Water leaks can also cause further damage to your property if not treated immediately, such as cracks, damp and mould. This can cause health problems.
DEFECTS TO THE STRUCTURE OF THE PROPERTY
Cracks in your property are very serious and we advise that you immediately inform your landlord. If your landlord fails to fulfil his duties then you may be entitled to compensation.
Defects to the structure of a property can be extremely serious. Not only can it cause extensive damage to your property it can also lead to a number of other issues such as allowing damp to form inside your home. The earlier a structural defect can be repaired the better. The longer it is not repaired the more likely other issues will form. If you suspect there is a structural defect in your property notify your landlord immediately and have an expert come and look at it. This could mean less headache for you and your landlord down the line not to mention saving your landlord money.
However, if your landlord fails to take action we can help you. Remember, it is a legal obligation on your landlord to provide you with a home without disrepair and that is fit to live in.
BROKEN BOILER
A faulty boiler or heating system can cause a lot of distress and inconvenience. If you have informed your landlord about these issues and nothing has been done about it or the issue keeps recurring then your landlord may be in breach of his legal duties to you.
DAMAGED WINDOWS AND DOORS
If there is disrepair in your property such as defective windows and doors you should inform your landlord immediately. If after a reasonable period of time your landlord fails to fix your issues you may be entitled to compensation.
DAMAGED OR BLOCKED DRAINS
Issues with blocked drains are quite serious. Sometimes they are bad enough that you can not used your bathroom or kitchen anymore.
You have the responsibility to inform your landlord. It is your landlord’s duties to fix the property within a reasonable time. If they do not repair it then you can claim for compensation.
DEFECTIVE ROOFING AND GUTTERS
Issues in your roof or guttering can build up over a long period of time. However, if untreated could lead to severe issues for you and your family.
You have the responsibility to inform your landlord. It is your landlord’s duties to fix the property within a reasonable time.
FAULTY ELECTRICAL WIRING
Faulty electrical wiring can be extremely dangerous and that is why it is a legal obligation on all landlord to make sure that the wiring and any electrical appliances they provide are safe. You may be entitled to compensation if you have informed your landlord and they have failed to take adequate action.
You have the responsibility to inform your landlord. It is your landlord’s duties to fix the property within a reasonable time.
How long does a landlord have to fix a problem?
How long should you give your landlord to repair your home?
The short answer is a reasonable time. This is usually about two months.
Every case is obviously different but if your landlord has not fixed or even attempted to fix your house or flat then you should seek legal help. We can only help you if you have complained to your landlord 2 months ago and they have not started repairs.
You are then entitled to compensation after the 2nd month. You can use our calculator to see how much you could get.
Call us on 0161 549 1890 for more free advice!
How long does a landlord have to fix a problem?
Can I withhold rent or get a rent reduction for repairs
Can you as a tenant withhold rent to pay for the repairs?
Simply speaking, tenants do not have the right to withhold rent even if the landlord does not carry out repairs. If you withhold rent your Landlord can choose to evict you and this will affect your right to remain in the property.
In some circumstances, a tenant can pay for repairs and deduct the cost from future rent. Using rent in this way may be quicker than court action and avoids legal costs for both the tenant and the landlord. You should put this in clear writing if you choose to do so as you don't want your Landlord to think that you are not paying rent.
To be clear you should not withhold rent and advise your Landlord to do the repairs. Withholding rent until repairs are done by your Landlord could result in your eviction.
This option is not viable for many renters as it means paying out of pocket which many of us cannot afford.
Procedure to withhold rent and pay for repairs
If a landlord has clearly breached a repairing obligation, tenants have the right under common law to do the repair themselves and deduct the costs and expenses of doing so from future rent payments.
Correct procedure must be followed and adequate notice and estimates of costs must be submitted to the landlord in advance of the work being done so that s/he has the opportunity to do the works her/himself. Keep all evidence such as receipt and letters from contractors for your records and provide your Landlord with a copy.
If the correct procedure is followed, the tenant will have a complete defence to any possession action taken for rent arrears resulting from the deduction of repair costs from rent. The steps to follow are:
- Inform the landlord of the repairs needed (preferably in writing)
- if the landlord fails to act, inform the landlord (preferably in writing) that you will do the repair yourself
- the tenant should then allow a reasonable period for the landlord to do the work
- obtain three estimates and send them to the landlord. Ask your Landlord for their agreement and if not, why not. You should allow a reasonable time and a final chance to carry out the work
- if possible the contractor who supplied the lowest estimate should be employed to carry out the work
- Once the work is carried out, you may pau and ask the landlord for reimbursement
- if the landlord does not pay, then the tenant may deduct the cost of the repair work from future rent.
This procedure has its advantages and disadvantages. It is quicker than legal action, although you would be surprised how much quicker Landlords act once Solicitors get involved.
- You should give thought to the following before you decide:
- The disadvantage here is that it will require a lot of work from you to organise this and adhere to the procedure.
- Not everyone can afford to do this as repairs can be very costly, so many tenants use this procedure to fix minor disrepairs.
- As you have to give your Landlord reasonable time to respond/do the repairs at each stage it can take quite a lot of time before you see any result.
- You will not be able to offset cost of any compensation you think you may be entitled to such as your time, stress, injury to health or damaged items.
- If the contractor does not do his job correctly you may be liable for further repair
- You cannot use this procedure if you receive housing benefit.
Please note, if the tenancy agreement states that tenant cannot use rent to pay for repairs, this is likely to be an unfair term, which will not be binding on the tenant.
Can I withhold rent or get a rent reduction for repairs
How much compensation is my housing disrepair claim worth?
How much compensation can I get for damp/mould or infestation?
The amount of compensation awarded for damp/mould or infestation is fact specific i.e., it is determined on a case-by-case basis, assessing the tenant’s individual circumstances. The extent of the disrepair will be taken into consideration, measured on a scale of mild, moderate to severe.
To assess your compensation we look at the number of rooms impacted by the disrepair and how much of each room is unable to be used, weighed against the total number of rooms in the property e.g., 4 rooms out of use in a 6-room property due to excessive mould and damp will be classed as severe.
The number of months spent in disrepair also play a large role in the compensation awarded i.e., the length of time you as a tenant have been complaining to the landlord regarding the mould, damp infestation or just general disrepair and your complaints have gone unheard.
We will look at all of the above and how much rent you pay to come of for a figure to compensate you for your loss of enjoyment of your property.
Additional compensation may be awarded to instances where a your personal items have been destroyed due to mould/damp or an infestation, in which case a special damages claim may be brought to recover the costs of these items.
How much compensation is my claim worth?