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In most tenancies repairing obligations are implied into the terms of the tenancy. The repairing obligations require a landlord to keep in repair the structure and exterior of the dwelling house and keep in repair and proper working order the installations in the dwelling house for the supply of water, gas, electricity, sanitation, space heating, and heating water.
It is not possible for a landlord to contract out of their repairing obligations. These repair obligations are usually contained in the terms of a lease.
Depending upon the cause of the problems in your home we may be able to bring a claim on your behalf seeking an order for repairs to be completed by a landlord. In addition we can also bring a claim seeking financial compensation particularly if you have suffered some ill health as a result of the state of the dwelling.
STEPS TO TAKE IF YOUR RENTAL PROPERTY IS IN DISREPAIR
- If there are problems with housing disrepair you must bring this to the attention of your landlord by providing notice.
- You should always aim to do this in writing where possible so that you have a written record of notice having been provided.
- You should keep clear records of what the problems at your property are, when they arose, and when you notified you landlord of them.
- If the problem is not resolved promptly it is also likely to be worth contacting your local authority (if they are not also your landlord). The Council has powers to serve various notices in relation to conditions in your home.
- You should always provide access to your landlord to inspect the property and to carry out repairs. A failure to provide access will be a defence to any housing disrepair claims.
FUNDING A HOUSING DISREPAIR CLAIM
Your housing disrepair claim can be funded in one of three ways
1. NO WIN NO FEE – We offer a NO WIN NO FEE Agreement to clients following an individual assessment of your case. If you win your case, you may have to pay a ’success fee’ and any insurance premium out of your compensation. This reduces the burden of worrying about legal fees.
2. LEGAL AID – Is available for disrepair cases subject to an assessment of the individual’s financial circumstances however we do not offer legal aid. We can however recommend a legal aid firm if you wish to proceed via legal aid.
3. PRIVATE CLIENT – Where you do not qualify for legal aid under the “means test” and we have not offered a no win no fee agreement following a risk assessment, you may choose to proceed as a private paying client.
If your property is in disrepair and you have notified your landlord who has refused to carry out repairs in a timely fashion then you may be eligible to bring a claim. Call our expert Housing Disrepair Solicitors today and take advantage of our free 30 minute consultation
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