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If you are renting your home, your landlord has a duty of care to ensure your home is safe to live in. If your house is in a state of disrepair or the landlord has failed to carry out repairs, you can make a claim or legally force them to fix your home and receive compensation for the trouble.

However, you need to know the process for making a housing disrepair claim in Barking and the conditions for the claim to succeed. At Housing Disrepair Claims in Barking, our partner law firm will provide you with the information and any assistance you may need to make the claim successful.

What is Housing Disrepair?

Housing Disrepair claims can be straightforward or complex depending on the number of issues involved and how you’ve handled the situation thus far. Even though these compensation claims are engrained in the law, they’re not always successful because they depending on the available evidence. At Housing Disrepair Claims in Barking, our partner law firm can help set up, follow up and negotiate claim compensation on your behalf for the best results.

By law, the landlord is required to fix housing disrepair issues because the property belongs to them. If the home is unsafe to live in, it shouldn't be rented. Additionally, the tenancy agreement should state any specifics of what the landlord should repair.

Housing disrepair is also detailed in various legislations, such as the Landlord and Tenant Act 1985, the Housing Act 2004, and the Homes (Fitness for Human Habitation) Act 2018.

Housing disrepair covers various aspects and amenities in the house including electricity, water, the roof and general sanitation which the landlord must provide and maintain for the house to remain safe and habitable.

What is a Housing Disrepair Claim?

If your house has fallen into a state of disrepair, it means that it is not suitable or safe for habitation and you can file a claim for compensation for damages, inconvenience and medical bills for any damages caused by the inconvenience of living in a house in disrepair.

A housing disrepair claim can go several ways. It can be negotiated and settled out of court or it can go through the small claims court. Whatever path your claim for housing disrepair follows, our team in Barking can help you fill out the paperwork, file the claim, negotiate, follow up and keep you updated on every step of the process.

Types of Housing Disrepair in Barking

Various disrepair issues can warrant the tenant's filing for compensation. Usually, you only need one type of disrepair among the ones listed below to file a claim, but if there are more, tenants can also include them in their claim.

Some of the common types of housing disrepair our partner law firm helps our clients in Barking file claims for include the following:

Leaking Roofs and Pipes

Leaks are some of the common reasons for housing disrepair claims. When renting a home, it should have a leakproof roof over your head. Roofs are the most common leaking problem, and most landlords ensure that their homes have a watertight roof to avoid any issues. If your roof leaks, you should notify your landlord immediately, preferably in writing.

The plumbing and other pipes in the home should also be well-maintained and leak-free. If the leaks are not repaired, they can worsen and lead to the home becoming inhabitable with damp patches and water lying around that can damage property and expose you and other people living in the house to various health problems. If the landlord doesn't respond to your request to fix the leaks after allowing them ample time to do it, you can contact us for assistance in filing a housing disrepair claim in Barking.

Structural Disrepair

The internal and external structure of the property should be in sound and stable condition. Possible indicators of a poor structure that needs repairs include sagging and leaking roofs, exposed brickwork and timber frame movement.

These defects should be fixed within a reasonable time after the landlord is notified. Structural disrepairs make the house unstable and unsafe, and it shouldn’t be rented in that condition. It is the landlord's duty to ensure the house is structurally sound and safe for habitation.

Water Supply and Drainage

Tenants must have access to clean and safe water, and there should be no problems with the drain or sewerage. If you encounter problems with the water supply or the drainage, you should notify the landlord immediately, preferably in writing, for repairs.

Mould and Damp

Mould and dampness are common problems in many UK properties, especially in older properties. Mould and damp disrepair make the home unhabitable and cause health problems such as asthma and allergies. It can also damage property such as furniture and other belongings such as clothes.

Gas and Electrical Faults

Landlords are legally required to ensure that their properties are safe regarding electrical and gas safety. They must conduct regular inspections to ensure the properties are safe regarding gas and electricity and carry out the necessary repairs to avoid endangering the lives of the tenants and the destruction of property.

Heating Problems

Barking can experience extreme weather conditions, making heating an important aspect of a habitable and comfortable home. The home should have access to hot water and reliable heating; the tenant is entitled to that. If your home doesn't have hot water or reliable heating, you should report the issue to the landlord. You may be entitled to compensation if they don't address your concerns quickly.

Additionally, your landlord should regularly check and maintain the boiler and produce a gas safety certificate at least annually.

Window Disrepair

Windows can be another area of disrepair in your house. Breaks in the window seal can cause warm air to escape leading to increased energy bills as the cold air makes its way into the house. The broken seals can make the house inhabitable during winter.

Condensation is one of the key signs of window disrepair. It is caused by excessive moisture. This is more common during winter when warm air inside the house condenses on the cold windows.

Bathroom Disrepair

Another area of concern in a house's habitability is the bathroom. It is a fundamental requirement for the tenant. If the bathroom is not in good working order, it can lead to severe inconvenience and even pose health risks and dangers.

Some common housing disrepair issues our clients face include leaking pipes, non-flushing and overflowing toilets, boiler problems, water temperature problems, low pressure and unusable showers. If you have these problems, you may be entitled to compensation if the landlord doesn't act on your concerns.

Pest Infestation and vermin

The landlord is also responsible for dealing with pests and vermin infestations. Pests can spread disease and contaminate food by leaving their droppings around the house. The landlord should swiftly deal with any type of pest, including bedbugs, fleas, mice, and roaches, by involving pest control experts as soon as possible to resolve the matter.

Broken or Faulty Appliances

Tenants should carefully read the tenancy agreement and note their and landlord's responsibilities.

Landlords have a duty to provide a safe and liveable property, and under this duty, they are responsible for repairs that include maintaining and repairing the following:

  • The structure and appearance of the property, which includes the roof, walls and windows of your property
  • Water and heating systems
  • Gas appliances
  • Repair and upkeep of bathtubs, basins, pipes, drains and toilets
  • Ventilation
  • Electrical wiring

The tenant also has some responsibilities in the housing disrepair claims process. These responsibilities include:

  • You should report repairs and allow the landlord access to complete the repair works
  • Carry out minor repairs as set out in the tenancy agreement
  • Fix the appliances and furniture you own
  • Complete maintenance and repairs promptly

The tenant also assumes full responsibility for all the damage occurring negligently within the premises or caused by the tenant or their guest’s negligence. But, you may be required to inform the landlord before undertaking the repairs.

The tenant is also responsible for keeping the landscaping in good condition by mowing, watering, trimming the bushes, and overall upkeep of the outdoor area.

What Can You Claim Housing Disrepair Compensation Claim For?

Housing disrepair compensation claims vary greatly depending on the extent and nature of the damage. When you contact us in Barking, our partner law firm can carefully review your situation and advise you on what compensation you can claim. Some of the things you can get compensation for in your housing disrepair claim include:

Rent Abatement

It's possible to claim some of the rent you have paid. During the claim, our partner law firm will negotiate the rent you deserve to be reimbursed depending on the extent of the damage and disrepair to the property and the level of inconvenience you have suffered.

Damages for Health

Some housing disrepair conditions, such as mould, dampness, and even pest infestation, can have a negative health impact, such as aggravating existing health conditions like asthma or leading to injuries that require medical attention. During the housing disrepair claim, our partner law firm can include the costs for healthcare and even loss of earnings caused by poor health and missed workdays.

Inconvenience

In extreme housing disrepair conditions, it’s impossible to continue living in the house safely and comfortably, and you have to move or suffer other inconveniences due to the condition of the house. You can also include the inconvenience for compensation in your housing disrepair claim.

Damage to Belonging

You can claim compensation for any belongings damaged by housing disrepair. Iur partner law firm can assess and evaluate the cost of goods and valuables damaged by the housing disrepair and include it in the claim.

For each of these compensation claims, you need adequate proof for the claim to be successful. Housing Disrepair Claims Barking can help you determine all the types of compensation you can claim and advise on the documentation and proof required to prove your case in each instance. Our partner law firm can also help you negotiate and boost your chances of getting your deserved higher compensation.

When Can I Make a Claim for Housing Disrepair in Barking?

Knowing when to claim housing disrepair in Barking is crucial. There are due processes you must have followed before deciding to file for a housing disrepair compensation claim in Barking.

The typical process of making a house disrepair claim starts with you notifying the landlord about the disrepair and allowing them enough time to make the repairs. You should also provide the landlord access to the unit to make the repairs.

Housing disrepair claims can be made before or after your tenancy ends. However, the claim must be filed within six years of informing the landlord about the disrepair.

If you’re claiming for personal injury, the claim must be made within three years of notifying the landlord. Only claims based on negligence or unreasonable action are valid.

How To Make a Claim for Housing Disrepair in Barking?

Part of making a successful housing disrepair compensation claim is knowing the process to follow and ensuring you have adequate evidence and a communication trail to support your claim. Some of the steps you should follow when making a housing disrepair claim in Barking include the following:

Keep a Record of the Disrepair

The first step in the housing disrepair claims process is documenting the issues. Take photos of the disrepair and copies of email, text and other forms of communication between you and the landlord. Should the disrepair end up in a claim, these records will serve as evidence and can be used in solidifying the claim.

Notify the Landlord and Keep a Record of Your Communication 

Notify your landlord of the disrepair. Outline the problems and how they have affected your living conditions. Remember to ask the repairs be done within a reasonable timeline. The communication should be captured via email or registered mail to keep a trail of notification.

Know Your Rights

Read and understand your rights and responsibilities as a tenant. You should also read through your lease agreement and the local housing laws in Barking to understand your responsibilities and the landlord's responsibilities regarding property maintenance. If you're uncertain, you can contact our office for guidance and evaluation of your situation and determine whether you have a claim.

Inspection

Inspecting the property may be necessary, especially if the landlord fails to address your disrepair issues. The inspection should be done by the local enforcement agency or housing authority.

An inspection will help back up your claim, and the agency's report will be included in the documents submitted with the claim.

Start on the Housing Disrepair Claim in Barking Today!

If the landlord hasn’t done the repairs even after allowing them reasonable time, you can use the documents you have collected to initiate the compensation claim.

The claim can take different forms depending on how things unfold. It could involve negotiations with the landlord for an out-of-court settlement. In some cases, it may go as far as filing a lawsuit in a small claims court.

Regardless of the claim's direction, our partner law firm is equipped with the manpower and the resources required to increase your chances of success and maximise your compensation claim. Our partner law firm will provide you with the professional support required and negotiate on your behalf until you get the compensation.

You don't have to worry about the piles of paperwork and filing required during the claim compensation process. Our partner law firm will handle all the steps and update you on progress until your claim concludes.

FAQs

How Much Can You Receive for Housing Disrepair Claim?

The compensation you receive from your claim on housing disrepair issues varies greatly. It depends on various factors such as how long you have suffered, the reason or the claim and the extent of the damage.

However, our partner law firm team of experts can give you a good idea of how much compensation you can receive after calculating your housing disrepair claim.

How Long Does a Housing Disrepair Claim Take?

The time it takes to resolve a housing disrepair claim compensation varies from case to case. In a straightforward case, it takes about four months to complete the case and get compensation from when our partner law firm sends the Letter of Claim to your landlord. Other claims can take a significantly longer time.

What Do I Need for My Claim to Be Successful?

To make a claim, you have to be a tenant. Your house must be in disrepair, and you must have told your landlord about it. If the repairs aren’t done within a reasonable time, you can gather the evidence you have collected, including the communication trial, to prove the disrepair and file for the compensation claim.

Can I Be Evicted for Making a Claim?

You cannot be evicted for making the claim if you have been paying your rent. They may try, but the eviction would be illegal, and you can adjust the compensation to include this as well.

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