You should notify your letting agent or your landlord immediately when the home you rented is in a state of repair. You can claim against your landlord for disrepair if it is his responsibility to repair. Below you will find out how and when to claim against your landlord for disrepair.
Minor Repair Jobs
Tenants are usually responsible for the repair of minor repair jobs. It becomes the responsibility of your landlord only if it is caused by disrepair of the landlord or are due to minor wear and tear.
Write To Your Landlord
Reporting verbally a disrepair to your letting agent or landlord is not enough. You should notify them in writing and also keep all corresponding copies of the writing. This will be useful when you want to claim compensation as it will prove that your landlord was aware of the disrepair. After writing, you would expect the agent or the landlord to take up the request and act on it. One thing you would have to know is that there is a big difference between repair and improvement. It is the responsibility of the landlord to carry out repairs but your responsibility to carry out improvement. Sometimes it becomes difficult to differentiate between repairs and improvement.
Let us take this practical example; window: it is the responsibility of the landlord to put right the rotting window frames but under no obligation to install double glazing. This illustrate a clear example of repairs and improvement.
If your landlord refuses to carry out this repairs, then you can go ahead and claim against your repair.
Environmental Health Department
Right now that we know the difference between repairs and improvement, if you find disrepair condition and is affecting your health, your next step would be to consult the environmental health department for them to inspect. Based on the outcome of their observation, they would serve repair notice to your landlord so he/she will carry out the repairs.
To back up your claim, you should do the following:
Take photographs of the damages
Receipts of all repairs you have undertaken and the damages items you have repaired
If the disrepair has affected your health, add a medical report
Also add a report from your council’s environment health department
Claiming Compensation
You can claim compensation if your personal properties get destroyed or damaged due to your landlord’s failure to carry out repairs. You can claim compensation for bedding, curtains, carpets, furniture, water damage from leaking pipes or clothing spoiled by your landlord’s action not carrying out repairs.
You will also have to provide medical report if you want to claim compensation for your personal health. You are advised to seek legal advice before making a claim as there are some injury protocols that must be followed.
Claim for abatement
You are entitled to a reduction or refund on your rent if you have not been able to use all or part of your rented property due to disrepair. This is known as abatement. How much you can claim depends on the extend of the degree of uninhabitable in your home due to disrepair. You are entitled to 100% rent abate if the whole house is inhabitable.
Claiming Against your landlord should not be a thing that you just wake up to claim but it has to go through some steps for which some are listed above.
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