And rest assured, these expectations are reasonable. Whereas you want to feel happy and safe in your home, your landlord is expected to be fair and proactive when it comes to caring for the infrastructure of the property and the comfort of the tenant.

As a rule, the tenancy agreement that you sign before moving into the property should outline who is responsible for what but, sometimes, it can be difficult to determine who is actually responsible for repairs or any arising issues in your rental property.

There are a number of areas that the landlord is unequivocally responsible for, including:

• non-functioning or unsafe heating system or boiler
• unsafe flooring or staircases
• leaking pipes or cracked toilets
• faulty electrics
• rising damp (occurs when moisture from the ground travels up through the walls by the capillary action) resulting in mould
• penetrating damp (occurs when water comes through an external wall into the property) also leading to mould
• infestation of vermin or insects
• loose tiles or brickwork

Legislation passed in 1985 still stands in 2022 when it comes to housing disrepair. Section 11 of the Housing Act, 1985 states that landlords are:

“Responsible for keeping the following in repair and proper working order: the structure and exterior of the dwelling and the building containing the dwelling (including drains, gutters and external pipes).”

And the Housing Act 1996 was introduced to “make provisions about the social rented sector, houses in multiple occupation, landlord and tenant matters, the administration of housing benefit, the conduct of tenants, the allocation of housing accommodation by local housing authorities and homelessness and for connected purposes.”

In addition to this legislation, the Housing Ombudsman Service – who are responsible for improving residents’ lives and landlords’ services through housing complaints – issued new guidance for landlords on disrepair claims and the complaints process, together with a report on damp and mould.

The report – known as the Spotlight report – identified concerns raised by landlords about the increase in disrepair claims from residents and effective complaint handling – being preferable to increasing disrepair claims – which may take longer or leave the issue unresolved. For full details click here.

The guidance aims to take each case on its own individual facts and circumstances. Click here for more information.

If you have repairs in your rented property that you’ve been asking your landlord to address for some time, then you may have a case to proceed with a housing disrepair claim.

It’s always advised to open the lines of communication with your landlord and ensure that you give them a decent length of time to arrange for the repairs to be undertaken. Of course, if the repairs are urgent, then this needs to be expressed.

If you’re not sure what to do, then at St Helens Law, we offer an initial, completely free 30-minute consultation, during which we will discuss your concerns with you. Before you decide whether you want to move forward with a housing disrepair claim, we will provide you with a written estimate of costs (we do not accept legal aid). More often than not, we can act as your legal counsel on a ‘no-win, no-fee’ basis – meaning there will be no legal costs to you as the claimant in the matter.

For more information and to book your initial consultation with one of our housing experts, you can call us on 01744 385171 or email us at info@sthelenslaw.co.uk.

The post Housing disrepair in 2022 – what should tenants expect? appeared first on St Helens Law.

Even if you’re renting from a local authority or housing association, a social housing landlord is still bound by the same legislation as private landlords and they still have to ensure your property remains fit-for-purpose – 365 days a year.

When you sign a tenancy agreement, the details of what your landlord is responsible for should be in that document. In addition to ensuring the structure and exterior of the building is well maintained – including doors, windows and gutters – landlords also need to make sure that the accommodation is kept in a consistently, liveable condition.

This includes making sure water, gas and electricity supplies are in good working order and any sinks, showers and toilets within the property are not broken and work well. It is important to note, however, that it does not relate to appliances making use of the supply of gas, electricity and water.

The Housing Act 1985 and 1996

For clarification, the Housing Act 1985, Section 11 notes that landlords are expected to keep the structure and exterior of the dwelling-house well repaired at all times. In addition, the Housing Act 1996 was introduced to “make provisions about the social rented sector, houses in multiple occupation, landlord and tenant matters, the administration of housing benefit, the conduct of tenants, the allocation of housing accommodation by local housing authorities and homelessness and for connected purposes.”

If you find yourself in a situation where you have repairs – inside or out – at your home, undoubtedly the first step would be for you to contact your landlord. Make sure you take details on what you is wrong and have this to hand when you speak to your landlord.

Even if your landlord is a local authority or housing association, there will be certain channels you need to go through – you will find more details on this on the corresponding websites. You don’t need to worry about being an inconvenience or ‘causing a fuss’ – it is your right to make a complaint if you are not receiving what is stated in law.

Without a doubt, the first step is contacting your landlord to express what repairs need to be completed, but if nothing is done, it doesn’t mean that is the end of the matter and you have to do the repairs yourself. If this is the case, then you have the potential to make a housing disrepair claim to the court in order to force the landlord to complete the repairs.

It is always recommended that you give your landlord an adequate amount of time to complete the repairs. This is especially so when it comes to dealing with a social housing landlord, as they are often responsible for numerous properties, which can often take time.

If time has passed and your home is falling into further disrepair, then that is the time to consider making a housing disrepair claim. At St Helens Law, we are committed to helping you with this, to ensure that your home remains in a great condition. We know that this can feel quite intimidating and we are here to help you every step of the way.

If you want to know where you stand, we can provide you with a completely free 30-minute consultation, during which we can talk about the kind of repairs that haven’t completed and for us to provide you with the best possible advice.

Once you ultimately decide that lodging a housing disrepair claim is for you, then we will provide you with a written estimate for any costs, although it is important to note that we do not accept legal aid. More often than not, St Helens Law can be your legal representative on a ‘no-win, no-fee’ basis, which would ultimately mean no legal costs payable by you.

Contact us

If making a housing disrepair claims is something you are interested in, you can book your free consultation with us by calling 01744 385171 or email us at info@sthelenslaw.co.uk.

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