Living in a rented property comes with certain expectations, one of which is that your home will be safe, secure, and well-maintained. Unfortunately, housing disrepair is a common issue faced by many tenants, and when landlords neglect their duties, it can lead to health problems, discomfort, and financial loss. If you reside in Epsom and are experiencing housing disrepair, you may qualify for compensation. Here’s a detailed guide on what to do if you’re facing housing disrepair issues and how Marley Solicitors can help you claim compensation.
What is housing disrepair?
Housing disrepair refers to situations where a rental property is not maintained to a reasonable standard, which can affect your safety, health, and comfort. Problems commonly associated with housing disrepair include:
- Damp and mould: These are among the most frequent issues, and they can cause respiratory problems, allergies, and damage to your belongings.
- Leaking roofs or pipes: Water damage can lead to structural issues, electrical hazards, and health problems, like mould.
- Broken heating systems: In colder months, this can make living conditions unbearable, especially if the heating is essential for your health.
- Faulty electrical wiring: This poses a serious safety risk, potentially leading to fires.
- Structural defects: Cracks in the walls or ceiling, uneven floors, and damaged foundations can make your property unsafe.
- Pest infestations: Mice, rats, and insects can cause both health risks and damage to your belongings.
Your landlord’s responsibilities
Under UK law, landlords have specific responsibilities when it comes to maintaining their rental properties. The Landlord and Tenant Act 1985 clearly outlines their obligations, which include:
- Maintaining the structure and exterior of the property: This includes walls, roof, windows, and doors.
- Ensuring installations for the supply of water, gas, and electricity are safe: This covers plumbing, electrical systems, and gas appliances.
- Providing safe heating and hot water: The property must have an adequate and functioning heating system, particularly in colder months.
Failure to meet these obligations can leave tenants at risk of serious harm, and if the landlord doesn’t act, tenants are entitled to seek compensation for the disrepair.
Steps to take when facing housing disrepair
- Report the issue to your landlord: Your first step is to notify your landlord about the issue, either in writing or through email. Make sure to keep a copy of the correspondence for your records.
- Allow a reasonable time for repairs: In most cases, landlords are given a reasonable period to resolve the issue. For minor repairs, this might be a few days to a week, while for more significant issues (e.g., structural problems), it could take longer. If the issue is time-sensitive, such as a broken heating system during winter, they should act more quickly.
- Document everything: Take clear photographs of the damage, keep a record of any communication with your landlord, and gather evidence such as medical records if the disrepair has affected your health.
- Seek professional advice: If your landlord doesn’t respond or fails to make necessary repairs, it’s time to consult a solicitor who specialises in housing disrepair claims. An experienced solicitor can assess the situation and advise you on your next steps.
Compensation you may be entitled to
When claiming compensation for housing disrepair, there are a few different types of compensation you may be entitled to, depending on the nature of the disrepair:
- General damages: This compensation addresses the inconvenience and distress caused by the disrepair. If the disrepair affects your daily life, such as making it impossible to sleep or live comfortably in your home, you could receive compensation for these non-financial impacts.
- Special damages: If you have incurred financial losses as a result of the disrepair (e.g., paying for emergency repairs, replacing damaged furniture, or increased utility bills due to heating issues), you could claim for these costs.
- Personal injury claims: If the disrepair has caused physical health problems (e.g., respiratory issues due to mould or injuries from a structural defect), you may be entitled to compensation for medical bills, lost wages, and pain and suffering.
How compensation is calculated
The amount of compensation you receive will depend on the severity of the disrepair, the length of time the issue persisted, and the impact it had on your life. Compensation can vary widely, so it’s essential to work with a solicitor to ensure you get the amount you’re entitled to.
Time limits for making a claim
In England, tenants typically have six years to make a claim for housing disrepair. However, if your claim involves personal injury (such as health problems caused by moisture or mould), the time limit is three years from the date the injury occurred or when you first became aware of it.
If you miss the deadline, your claim may be time-barred, so it’s crucial to act quickly and contact a solicitor as soon as possible.
No win, no fee arrangements
One of the key advantages of pursuing a housing disrepair claim with a solicitor is the option of a no win, no fee arrangement. This means that if your claim is unsuccessful, you won’t have to pay any legal fees. This offers financial peace of mind, as you won’t be at risk of incurring legal costs unless you win the case.
How Marley Solicitors can assist you
At Marley Solicitors, we understand how stressful it can be to deal with housing disrepair, especially if your landlord is not responding to your concerns. Our team of experienced solicitors specialises in housing disrepair claims and can guide you through the entire process, from the initial consultation to securing the compensation you deserve.
We work on a no win, no fee basis, meaning you can pursue your claim without worrying about upfront legal costs. Whether you’re dealing with damp, structural issues, or a lack of heating, we’ll ensure your rights as a tenant are upheld and that you receive fair compensation for your suffering.
Common housing disrepair issues in Epsom
While housing disrepair can occur anywhere, tenants in the Epsom area have reported some common issues. These include:
- Damp and mould in older properties: Older homes in Epsom, particularly those with inadequate ventilation, are more likely to suffer from damp and mould. This can cause significant health problems and damage to the property.
- Leaking roofs during the rainy season: Epsom experiences its fair share of rainy weather, and poor roofing can result in leaks that disrupt tenants’ lives.
- Problems with heating systems in winter: During cold months, issues with central heating can make living conditions unbearable. Landlords are legally required to fix these problems quickly.
What happens if your landlord retaliates?
In some cases, landlords may retaliate when tenants report housing disrepair, particularly if the tenant is seeking compensation or trying to hold the landlord accountable. Retaliation can come in various forms, such as increased rent or attempts to evict the tenant.
However, tenants are protected by law from retaliation. The Rent Repayment Orders allow tenants to reclaim rent if the landlord is failing to maintain the property, and property owners cannot evict tenants solely for making a complaint about disrepair.
Conclusion
If you live in Epsom and your landlord is failing to address housing disrepair issues, you have the right to seek compensation. By reporting the issue, gathering evidence, and consulting an experienced solicitor, you can pursue a claim for compensation and ensure that your landlord is held accountable.
At Marley Solicitors, we are dedicated to helping tenants secure the compensation they deserve. Contact us today to discuss your situation and find out how we can help you take legal action against your landlord.
