Tenants in private rented accommodation have rights similar to council tenants. This guide will help you understand how to file a disrepair claim against private landlord. If you’re dealing with issues in your rental property, knowing the process for housing disrepair claims private landlord cases is crucial. This guide will walk you through each step to ensure your rights are protected and you receive the necessary repairs.
Understanding your rights
Tenants in private rented homes have the same rights as council tenants. You can take action for specific performance and damages against private landlords.
Proving housing disrepair
When housing disrepair claims private landlord, you need to prove:
- The property has actionable defects.
- The landlord was notified about these defects.
- The landlord failed to fix the defects within a reasonable time.
What are actionable defects?
Actionable defects are problems in the property that require repair. These include issues with:
- Structure (walls, roof, windows, doors)
- Plumbing (sinks, baths, toilets, pipes)
- Wiring and heating (boilers, gas, and electrical appliances)
Landlord’s awareness
The obligation to repair arises once the landlord is informed about the problems. So, it’s crucial to notify your landlord about any defects.
Disrepair claim against private landlords vs. social landlords
Most claim for disrepair are usually against social landlords because they have to follow strict rules and maintain detailed records of repairs and communications. Private landlords, however, might not keep such detailed records. Therefore, private landlord tenants must be diligent in reporting any issues and keeping detailed records of all communications and repairs needed.
Health and safety obligations
Gas Safety
Landlords must:
- A gas safety check is performed every 12 months by a Gas Safe registered engineer.
- Ensure any provided furniture meets safety standards.
- Ensure electrical equipment meets safety standards.
Smoke and carbon monoxide alarms
Landlords must install:
- Smoke alarms on each floor.
- Carbon monoxide detectors in rooms with a coal fire or wood-burning stove (unless you have a resident landlord).
Tips for bringing a disrepair claim against private landlord
Keep Records
Report defects to your landlord regularly and keep records. This includes:
- Telephone calls (date and time)
- Text messages and emails
- Written complaints
If a letting agent manages the property, report issues to them. They should inform the landlord and ensure repairs are done.
Documenting Evidence
Gather evidence to support your claim for disrepair:
- Photos of the defects
- Letters of formal complaint to third parties (MP, Environmental Health, GP)
- Reports from independent surveyors, contractors, or Environmental Health
- Photos and receipts for damaged belongings (e.g., clothing, furniture)
Retaliatory Evictions
If your tenancy started after October 1, 2015, you can challenge ‘revenge’ evictions if:
- You complained to the landlord or letting agent in writing before the eviction notice.
- You reported the disrepair to the local council.
- The council sent the landlord a notice to make improvements or do emergency work.
Check if you can take court action
You can take your landlord to court if they:
- Refuse to do repairs
- Do repairs badly, causing recurring problems
- Damage your belongings during repairs
To succeed in court, you need to show that your landlord:
- Was responsible for the repairs
- Did not fix the problem within a reasonable time
- Knew about the problem, either because you informed them or because they should have known
Potential court outcomes
The court could:
- Order your landlord to carry out repairs
- Award you compensation for any loss, stress, or inconvenience caused by the disrepair
Compensation Examples
You might receive compensation if you can prove:
- Financial loss due to delayed repairs
- Stress or inconvenience caused by the problems
- Health issues or property damage resulting from the disrepair
Risks of going to court
Risk of Eviction for Private Tenants
Private landlords might try to evict tenants who take court action. Check if you’re protected from ‘revenge’ eviction. Even if you move out, you can still claim for disrepair compensation if you have the evidence.
Problems with Getting Compensation
Even if the court orders compensation, your landlord might ignore it. You may have to return to court and pay additional fees to enforce the order. It can take a long time to receive the money if your landlord is unwilling or unable to pay.
Landlord’s Counterclaim
Your landlord might counterclaim, for example, for rent arrears or property damage. If the court agrees with them, you could end up owing money to your landlord.
Legal help
You might qualify for free legal help if:
- You receive benefits or have a low income
- The conditions in your home are severely affecting your health or safety
However, you won’t qualify for free legal help if you only want compensation and your income is too high.
No Win No Fee
Consider a ‘no win no fee’ solicitor, also known as a conditional fee arrangement. You won’t pay the solicitor unless you win your case. If you win, the solicitor’s fee will typically come out of your compensation.
Conclusion
Taking a landlord to court for repairs is a serious step that requires preparation and evidence. Start by negotiating with your landlord and collecting evidence of the disrepair. If needed, proceed through the ombudsman or small claims court, keeping in mind the potential risks and benefits. Seek legal advice if necessary to ensure the best possible outcome. Report problems regularly and in writing, and gather evidence to support your claim. If you have questions, contact our Housing Disrepair Solicitors.
