If your rental property is in disrepair, you should notify your housing association or council immediately and take photographs. If a repair is not carried out in a reasonable amount of time, or a repair is performed to a poor standard, then you should contact our housing disrepair solicitors for advice. You could be entitled to make a claim.

Housing disrepair solicitors – England and Wales

If your rental property has been left in a state of disrepair, contact us at Ashmans Solicitors for a free initial enquiry. We represent tenants across England and Wales. We can help you make a no win no fee claim for your damages.

Here’s what to do if your rental property is in disrepair

No tenant should live in poor housing conditions. If your rental property is unsafe or unfit for human habitation, then your housing association or council has a legal responsibility to carry out a repair. This repair must be performed to an acceptable standard. If either of these things does not happen, then you could have grounds to take legal action against your housing association or council. This is known as a housing disrepair claim.

Before you take legal action, there are a few things you must do first.

1. Notify your housing association or council about the disrepair

A housing association or council cannot be held responsible for disrepairs that they do not know about. So, if there is a problem with your rental property, you need to tell your housing association or council about it straightaway. This is known as giving ‘notice of repairs’.

Ideally, you should communicate with your housing association or council via email or text message. That way, there is a written record of your request. If you speak to your housing association or council in person or over the phone, you can always follow up with an email or text message. This is important, as it might be needed as evidence later down the line. Otherwise, your housing association or council could say that you did not tell them about the problem, and it would be your word against theirs.

You should also tell your housing association or council about the issue as soon as you can. If you do not, then your housing association or council may argue that the delay contributed towards the problem.

2. Take photographs and gather evidence

Along with notifying your housing association or council, you should also take photographs of the disrepair. You should do this when you first become aware of the issue. Afterwards, you should continue to take photos on a regular basis, especially if there is a deterioration in your living conditions.

Keeps these photos safe, as we will probably ask to see them when you contact us for advice. You should also keep any other evidence that is related to the housing disrepair. For instance, have your belongings been damaged because of the disrepair? If so, take photographs. Or have you had to buy/replace items, or even find temporary accommodation? Then keep the receipts and a record of your financial losses.

Sometimes housing disrepair will actually cause a personal injury, be it physical or emotional injuries. If this has happened to you, then it can be useful to keep a diary of your symptoms.

3. Wait a ‘reasonable’ amount of time

Your housing association or council is allowed a ‘reasonable’ amount of time to carry out a repair. There is no set definition of a reasonable amount of time. However, if your housing association or council has not done anything after 21 days and the repair is urgent, then you should contact our solicitors.

For non-urgent repairs, a reasonable amount of time might be two to three months. If a repair still has not been carried out after this time, then you should contact our solicitors. This also applies if a repair is performed to a poor standard, meaning the property remains unsafe or unfit for human habitation.

As frustrating as it might be, you have to give your housing association or council a reasonable amount of time to fix the issue. We can advise whether a reasonable amount of time has passed.

4. Contact our housing disrepair solicitors

If you think your rental property is in a state of disrepair – and you have notified your housing association or council and waited a reasonable amount of time – then please contact us. We are specialist housing disrepair solicitors and can help you.

As a tenant, you have the right to live in a property that is safe and meets certain standards. If your housing association or council refuses to fix a disrepair, then you can take legal action to remedy the issue. This is called a housing disrepair claim. The court can order your housing association or council to carry out a repair. You may also be given compensation to reflect your injuries, inconvenience and damage to your personal property.

We offer a free initial enquiry, so you can find out what your options are without having to worry about the cost. Call us on 0333 009 6275, email enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be in touch soon.

5. Continue paying your rent

Even if your rental property is in a state of disrepair, you must not withhold your rent. If you fall into rent arrears, then your housing association or council could actually issue a counter-claim and evict you. They would be within their right to do so, as you have broken the terms of the tenancy agreement.

We know this seems unfair, as you should not have to pay to live somewhere that is unfit for human habitation. However, by making a housing disrepair claim, you can recover your rent in your settlement. You will also be awarded compensation for your other damages, such as your personal injuries and financial losses. In the meantime, you should continue to pay your rent in full.

Do you have a housing disrepair claim? Find out now

For a free initial enquiry, call us on 0333 009 6275, email enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be in touch soon.