Every state has a set of laws that defines the responsibilities of a landlord and that of a tenant. A landlord is liable for providing habitable living space to the residential tenants without interfering with their privacy. As a tenant, you have the right to sue your landlord if he or she neglects his or her responsibilities. If your landlord neglects to do vital repairs that leave you exposed to dangers, then you have the right to sue such a landlord for emotional distress damages. As a tenant here is what to do if your landlord is not doing repairs UK:
Pinpoint the Areas that Need Repair
Whenever you rent from a private landlord, you’ll be liable for petty repairs tasks. For instance, it will be up to you to replace a blown-out bulb with a new one.
The landlord is liable for significant repair tasks, which encompasses addressing structural issues, fixing faulty pipes or repairing a broken door, and more.
It’s worth noting that a landlord is responsible for making repairs other than improvements. A repair involves fixing an existing structure or fitting to make it operational or safe for use. A landlord is required to carry out such jobs. On the other hand, an improvement refers to a new structure, fixture or fitting that replaces the existing structures. This is commonly known as an upgrade. It is not the obligation of the landlord to make improvements to the residential property.
At times, you can find it daunting to tell the responsibilities of a landlord and that of a tenant.
For instance, if your window is broken to the extent that it demands repair, then this is the onus of the landlord.
However, the landlord is not responsible for installing double glazing, which is an improvement to the property.
If your landlord neglects to perform repairs that he is liable of, then you can sue him or take other necessary measures.
Gather Evidence of Disrepair
Take photos of the areas that need repair and send them to your landlord to take the necessary action. This is the best way to communicate with your landlord, especially if he has not been taking oral complaints seriously.
Keep a copy of texts, emails or letters for conformity purposes.
If you decided to do repairs on your own, preserve the receipts. With these receipts, you’ll in a good position to request your landlord to deduct such expenses from your monthly rent. If the damages are endangering your life and your landlord has neglected to fix them, then it is the right time to report the matter to the respective authorities.
Disrepair refers to anything that is the onus of the landlord, such as a gas leak, mice infestation, among others.
A landlord is also liable for gas installations and appliances. He or she is liable for inspections and labour costs. He is also responsible for electrical installations as well as faults.
Reach out to Your Landlord
A landlord is not a prophet to know everything that is not working in your property without being informed. As a tenant, it’s your responsibility to notify your landlord immediately you discover a problem, especially if it is a significant one that could pose huge damage to your belongings or the landlord’s property.
Contacting your landlord or real estate agent is a good way to convey the message, but it is also recommendable to notify him or her in writing.
Communicating via email leaves you with a copy of what transpired and when.
If your belongings are damaged, and you intend to claim compensation, then it is essential to have written documents that will prove that the landlord was aware of the disrepair.
Whenever your landlord or agent is informed that there are areas that need repair, then he or she should act immediately.
Repair Work Timelines
Ideally, tenancy agreements permit the landlords to inspect the premises to establish areas that need repair and maintenance as long as they notify the tenant in writing within 24 hours.
The time taken to mend the disrepair depends on the extent of the problem. For instance, a burst water pipe will need to be rectified quickly when compared to a malfunctioning radiator.
Report to the Environmental Health Department
Notify the landlord if the disrepair is endangering your health or making your home inhabitable.
If your health concerns are critical or your landlord is taking too long to act on your complaints, then reach out to the environmental health department in your local area to conduct an inspection of your home and offer a detailed report.
Some of the disrepair you can discuss with your nearby environmental health department include gas leak, mice infestation, mould, and more.
If the report affirms that your house poses a risk to your health, the council will either inform the landlord or carry out the necessary repairs and demand repayment from the landlord.
Many recommendations can be made based on the inspection findings.
Damp and Mold in Your Rented Property
Damp and mould are typical concerns in rental properties. Whoever is liable for redressing mould or damp issues will be based on the type of damp and its cause.
As a tenant, it is important to understand various damp home improvement techniques, how to treat them and the cost involved in fixing damp problems.
Prior to making significant steps to tackling the damp, it is important to go through the tenancy agreement and notify your landlord.
Preserve a record of improvements you’ve done along with receipts. If it’s the onus of the landlord to redress the mould, then you should seek reimbursement.
Is Damp or Mold Making You Sick
If the disrepair is making you feel unwell or unsafe, then go to your GP.
Ensure they affirm that your health problems are caused by damp or mould and preserve a written record as proof.
The next move is to request your council environmental health department to inspect your home.
If the council finds out that the disrepair warrants urgent action, they will issue a notice to your landlord to make the necessary repairs.
However, if your home is found uninhabitable, you may be required to find a new habitable place.
If your landlord fails to comply with the notice, he or she may face criminal charges.
Opt for a Mediation Service
Filing a lawsuit against the landlord should be the last resort. It is essential to opt for other dispute resolutions other than going to court.
If you take the matter to the court of law, the jury will take into consideration how both of you tried to resolve the matter.
Mediation dispute resolution is the best approach for private tenants.
For council tenants, the best approach is to notify the local authority about the areas that need repair and their urgency.
For housing association tenants, contact your landlord to notify him or her about your complaints.
File a Lawsuit in a Court of Law
If your landlord has neglected to carry out the necessary repairs despite numerous notifications both verbally and in writing, then the best option is to go to court.
Once you file a lawsuit against the landlord, the court will decide based on the tabled evidence. As a tenant, you have to convince the court that the landlord neglected to perform the repairs and how it impacted your life. The court can issue an order compelling the landlord to do the following:
Perform the Necessary Repairs
Pay a certain amount of compensation for damage to your personal belongings or health because of disregarding to do the repairs.
Cater for your legal expenses.
Seek Compensation
If your personal belongings are vandalized or impaired because of the landlord’s negligence to carry out repairs, then you can file a claim seeking compensation. Compensation claims can be categorized as follows:
Property Damage Claims
For instance, you can file a claim seeking compensation for clothing, furniture or anything else that has been impaired by mould.
You can also seek compensation for furniture that has been vandalized by water emanating from leaking pipes that your landlord has failed to fix.
You can also seek repayment for the damages that occurred when making the repairs.
The amount of compensation you can receive will depend on a number of factors, and that’s why it is important to seek legal advice before filing a claim.
Health Damage Claims
For you to seek health compensation, you’ll have to prove how disrepair impacted your health.
This is referred to as causation. You’ll have to show how your health problems are linked to disrepair, albeit they might be contributed by other factors.
Similar to property damage claims, it is important to seek legal advice before filing health-related claims. This is because there is personal injury protocol that needs to be adhered to.
Claiming for abatement and Discomfort
If the disrepair has made it impossible to use your rented property exclusively, then you’re entitled to seek rent reduction or refund. This is referred to as abatement.
The amount of rent that can be abated depends on the extent to which your home was uninhabitable.
If the entire house is uninhabitable, then all the rent may be refunded. If only a section of the use is unusable, then you can be accorded rent reduction.
Based on the situation, you can also seek compensation for the inconvenience caused.
The amount of compensation you get awarded will depend on the extent of disrepair as well as the inconvenience caused.
The above are some of the actions that a tenant can take if a landlord neglects to do the necessary repairs in the UK.