Tenant Rights & Landlord Obligations for Living Conditions & Disrepair

Every tenant deserves to live in a home that is safe, secure, and free from disrepair. If you're renting from a council or housing association, they are legally required to maintain your property to a reasonable standard. When they fail to meet this obligation, it can lead to significant health risks, financial losses, and emotional stress. At SDS Solicitors, we are here to help you understand your rights and take action to get your home repaired and secure the compensation you deserve.

Landlord Repair Obligations

Landlords in England are legally bound by key laws and regulations designed to protect tenants from unsafe or unfit housing conditions. These include:

• Landlord and Tenant Act 1985 (Section 11): Landlords must keep the structure and exterior of the property in good repair, including drains, gutters, and external pipes. They must also ensure the proper working order of essential systems like water, gas, electricity, sanitation, heating, and hot water​.
• Homes (Fitness for Human Habitation) Act 2018: This act ensures all rented properties are free from hazards that could endanger the health or safety of tenants. Landlords are required to address issues such as damp, mould, infestations, and structural defects​.
• Safety Regulations: Landlords must comply with gas and electrical safety standards, including annual gas safety checks and regular electrical inspections​.

These legal obligations are non-negotiable and apply to all tenancy agreements, ensuring that tenants live in homes fit for habitation.

Tenant Responsibility for Repairs

Tenants also have certain responsibilities to ensure the property remains in good condition. These include reporting disrepair issues promptly, using the property responsibly, and allowing access for inspections and repairs. Landlords cannot be held accountable for issues caused by tenant misuse or negligence.

If your rented home is in disrepair, follow these steps to resolve the issue:

1. Notify Your Landlord: Inform your landlord of the problem in writing. Provide a clear description of the issue, including dates and evidence such as photographs or videos. Keep a record of all correspondence​​.
2. Document the Problem: Maintain a detailed log of how the disrepair affects your living conditions. This can include impacts on your health, damage to belongings, and any inconvenience caused.
3. Allow Access for Repairs: Ensure your landlord has reasonable access to inspect the property and carry out the necessary work. Failure to provide access could delay the resolution.

If your landlord fails to act within a reasonable timeframe, you may have grounds to make a housing disrepair claim.

What if the landlord refuses to do repairs?

When a landlord ignores their legal obligations, tenants have several options:

• Court Orders: You can pursue legal action to compel your landlord to make repairs and seek compensation for the harm caused by their negligence.
• Local Council Intervention: If the disrepair poses a health and safety risk, your local council can inspect the property and issue enforcement notices under the Housing Health and Safety Rating System.
• Compensation: You may be entitled to financial compensation for the time you lived in unsuitable conditions, calculated as a percentage of the rent paid. For severe and prolonged disrepair, this could range between 25% and 50%​.

How much compensation can I get for Housing Disrepair?

The amount of compensation you can claim depends on several factors, including the severity of the disrepair, the length of time the issue persisted, and the impact on your health and quality of life.

At SDS Solicitors, we work tirelessly to ensure our clients receive fair compensation while securing repairs to their homes.