Legal Action Against Landlord

Living in a rental property that is in a state of disrepair can cause significant stress and even pose health risks for tenants. When landlords fail to address essential repairs in a timely manner, tenants may feel powerless. However, the law in the UK offers strong protections for tenants, giving them the right to take legal action against their landlord for housing disrepair.

In this guide, we will explore the steps involved in taking legal action against a landlord, the rights tenants have under UK law, how to report disrepair, and the types of compensation that can be claimed. By understanding your rights and the legal processes available, you can ensure that your landlord meets their obligations and provides you with a safe and habitable home.

What is Housing Disrepair?

Housing disrepair refers to a situation where a rental property has fallen below the legal standards required for health, safety, and habitability. This can involve issues like:

• Damp and mould: Persistent damp and mould, especially if caused by leaks or poor insulation, can lead to significant health problems.
• Broken heating systems: Lack of heating, especially during winter, can make a property uninhabitable.
• Faulty plumbing: Leaking pipes, blocked drains, and broken toilets fall under the landlord’s responsibility.
• Electrical faults: Unsafe or faulty wiring, lighting, and power outlets pose fire hazards and must be repaired promptly.
• Structural defects: Cracks in walls, unstable ceilings, or damaged windows that compromise the safety and security of a property.

When these types of disrepair are left unresolved by the landlord, tenants have the right to take legal action to enforce their rights.

Landlord’s Legal Responsibilities

In the UK, landlords are legally required to ensure that rental properties are kept in good repair and are safe for tenants to live in. These responsibilities are outlined in several laws:

1. Landlord and Tenant Act 1985: This Act establishes the obligation for landlords to maintain the structure and exterior of the property, as well as ensure that essential systems such as heating, plumbing, and electrical wiring are in good working order.
2. Homes (Fitness for Human Habitation) Act 2018: Under this law, landlords must ensure that their properties are fit for human habitation throughout the tenancy. This includes addressing issues like damp, mould, and structural defects that could endanger the tenant’s health or safety.
3. Housing Health and Safety Rating System (HHSRS): The HHSRS allows local councils to assess health and safety risks in rental properties. If a property is found to pose a significant risk, landlords must take action to remedy the problem.

When Can You Take Legal Action Against a Landlord?

Before taking legal action against your landlord, it’s important to ensure that you’ve followed the correct steps to report the disrepair. Legal action is typically seen as a last resort, so you need to show that you’ve given your landlord a reasonable opportunity to carry out the repairs.

Here are the key circumstances under which you can take legal action:

• The landlord has failed to respond to repair requests within a reasonable timeframe.
• The landlord has carried out inadequate repairs, and the problem persists.
• The disrepair is causing serious inconvenience, health issues, or damage to your personal property.
• You have followed the proper steps for reporting the problem, and the landlord still refuses to take action.

Steps to Take Before Legal Action

Before pursuing legal action, there are several steps tenants should follow to ensure they have a strong case:

1. Report the Problem to Your Landlord

The first step in dealing with housing disrepair is to inform your landlord of the issue. Always do this in writing, either via email or letter, to ensure you have a record of the communication. Be clear and specific in your description of the problem. Include details such as:

• Where the disrepair is located.
• How long the issue has been present.
• How it is affecting your living conditions (e.g., unusable rooms, health issues, etc.).

You should also request that the repairs be carried out as soon as possible and give the landlord a reasonable deadline for completing them.

2. Provide Photographic Evidence

It’s important to document the disrepair by taking photos or videos of the affected areas. This will serve as evidence if you need to escalate the matter. Make sure the photos clearly show the extent of the damage, such as damp patches, broken fixtures, or structural problems.

3. Keep Records of Communication

Keep a copy of all communication between you and your landlord, including any responses. If you send letters by post, use recorded delivery to ensure they are received. Having a record of all correspondence will strengthen your case if legal action becomes necessary.

4. Allow Reasonable Time for Repairs

The landlord must be given a reasonable amount of time to carry out the repairs, depending on the severity of the issue. For example, urgent repairs like a broken boiler in winter should be dealt with within a few days, while less critical issues may take longer.

If the landlord fails to respond within a reasonable timeframe, you can escalate the matter by following the next steps.

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What to Do If the Landlord Fails to Respond

If your landlord does not respond to your repair requests or refuses to carry out necessary repairs, you can escalate the issue in the following ways:

1. Send a Formal Complaint

If your landlord or letting agent has not responded to your initial requests, send a formal written complaint. In the complaint, outline the disrepair issue, your attempts to have it fixed, and the impact it is having on your living conditions. Most landlords and letting agents have a formal complaints procedure that you should follow.

2. Contact Your Local Council

If the disrepair poses a risk to your health or safety, such as damp, mould, or unsafe electrics, you can contact your local council’s Environmental Health Department. They may inspect the property under the Housing Health and Safety Rating System (HHSRS). If the council finds that the property is hazardous, they can issue an enforcement notice requiring the landlord to carry out repairs.

3. Seek Legal Advice

If the landlord still refuses to act, you should seek legal advice. Solicitors specialising in housing law like ourselves can help you understand your rights and advise on the best course of action. Legal advice is essential for determining whether you have grounds to make a housing disrepair claim and for ensuring that you follow the correct procedures.

Taking Legal Action: Housing Disrepair Claims

If your landlord continues to ignore your repair requests, you may have no choice but to take legal action. Legal action usually takes the form of a housing disrepair claim. Here’s how the process works:

1. Gather Evidence

Before making a claim, it’s essential to gather all the evidence you can. This includes:

• Photographs or videos of the disrepair.
• Copies of all correspondence with the landlord.
• Medical records if the disrepair has caused health issues (e.g., respiratory problems caused by damp).
• Receipts for any damage to personal belongings caused by the disrepair (e.g., furniture damaged by leaks or mould).

2. Seek Legal Representation

To proceed with a housing disrepair claim, you will need to instruct a solicitor who specialises in housing law such as ourseleves. We will assess your case and advise on the likelihood of success. We will then help gather evidence, prepare the case, and communicate with your landlord on your behalf.

3. Send a Letter of Claim

We will send a formal Letter of Claim to the landlord. This letter outlines the details of the disrepair, the impact it has had on you, and the compensation you are seeking. It will also request that the repairs be completed as soon as possible. The landlord has 20 working days to respond to the Letter of Claim.

4. Negotiate a Settlement

In many cases, landlords will agree to carry out the necessary repairs and offer compensation to avoid court proceedings. We will help negotiate a settlement on your behalf. If the landlord agrees to the settlement, they must carry out the repairs and pay any compensation awarded.

5. Proceed to Court

If the landlord disputes the claim or refuses to make the repairs, the case may proceed to court. In court, a judge will assess the evidence and decide whether the landlord is in breach of their legal obligations. If the court finds in your favour, the landlord will be ordered to carry out the repairs and may be required to pay compensation.

Compensation for Housing Disrepair

If you successfully take legal action against your landlord, you may be entitled to compensation. The amount of compensation you can claim depends on several factors, including:

• Damage to personal property: If the disrepair has caused damage to your belongings (e.g., damp ruining furniture or clothing), you can claim compensation for the cost of repairing or replacing the items.
• Health problems: If the disrepair has caused or worsened health issues (e.g., mould leading to respiratory problems), you can claim compensation for medical expenses and any suffering caused.
• Inconvenience and discomfort: Compensation can be awarded for the inconvenience and loss of enjoyment of your home. For example, if a room has become unusable due to damp or mould, you can claim for the disruption caused by living in substandard conditions.
• Rent reduction: In some cases, tenants can claim a reduction or refund of rent if they have been living in substandard conditions. The amount refunded will depend on the severity of the disrepair and how long it has been left unresolved.

Compensation amounts vary depending on the severity of the disrepair and its impact on your life. In minor cases, compensation might be a few hundred pounds, while in more serious cases, compensation could amount to several thousand pounds. For more information on compensation amounts please visit our Housing Disrepairs Compensation page.

Time Limits for Making a Housing Disrepair Claim

There are time limits for making a housing disrepair claim. In most cases, tenants must bring their claim within six years of the disrepair occurring. If the claim involves personal injury (e.g., health problems caused by the disrepair), the time limit is three years from the date the injury was sustained or when the tenant first became aware of it.

It’s important to act promptly and not delay making a claim, as waiting too long could weaken your case.

Preventing Retaliatory Eviction

One of the concerns tenants have when considering legal action is the risk of eviction. However, the Deregulation Act 2015 protects tenants from retaliatory eviction. If you have made a legitimate complaint about housing disrepair, your landlord cannot issue a section 21 notice (a no-fault eviction) for six months after the council has served a notice on the landlord requiring repairs.

This law protects tenants from being unfairly evicted simply for asserting their rights to a habitable home.

Housing Disrepair Further Reading

Claiming Compensation for Damp and Mould due to Housing Disrepair

Housing Disrepair and Human Rights 

Housing Disrepair and Asthma Claims 

Housing Disrepair Specialist Solicitors