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Housing Disrepair and the Rights of Renters vs. Owners

See how the rights for home owners and renters differ with housing disrepair

Housing disrepair is a common issue faced by tenants and owners alike. Whether you are a renter or an owner, you have the right to live in a property that is safe, secure, and in good condition. However, the rights and responsibilities of tenants and owners differ when it comes to housing disrepair. In this article, we will explore the legal rights of renters and owners in relation to housing disrepair, and the steps that can be taken to make a claim.

Is Disrepair a Defence to Rent Arrears?

One of the most common questions asked by tenants is whether they can withhold rent if their landlord fails to carry out repairs. The short answer is no. Tenants have a legal obligation to pay rent on time, regardless of any issues with the property. Failure to pay rent can result in legal action being taken against the tenant, which can ultimately lead to eviction.

However, tenants do have options if their landlord fails to carry out repairs. The first step is to contact the landlord in writing and request that the necessary repairs be made. If the landlord fails to respond or carry out the repairs within a reasonable time frame, the tenant can take legal action. This may involve making a claim for housing disrepair, which can result in the landlord being ordered to carry out the necessary repairs, and may also entitle the tenant to compensation.

Tenants Rights During Building Work

If you are a tenant and your landlord plans to carry out building work on the property, you have certain rights. The landlord must provide you with notice of the proposed work, and the expected duration of the work. They must also provide you with information about any disruption that is likely to be caused, and any steps that will be taken to minimise the disruption.

If the building work is likely to cause significant disruption, you may be entitled to a reduction in rent for the duration of the work. You may also be entitled to compensation if the disruption is particularly severe. However, it is important to note that if the building work is necessary for the maintenance or improvement of the property, you cannot refuse access to the landlord or their contractors.

Making a Housing Disrepair Claim

If you are a tenant and you believe that your landlord has failed to carry out necessary repairs, you may be entitled to make a housing disrepair claim. This can be done through the courts, and may result in the landlord being ordered to carry out the necessary repairs, and may also entitle you to compensation.

To make a housing disrepair claim, you will need to provide evidence of the disrepair. This may include photographs, reports from independent experts, and any correspondence with the landlord. It is also important to keep a record of any attempts to contact the landlord, and any responses that you receive.

In order to make a successful claim, you will need to show that the disrepair is the responsibility of the landlord, and that it is affecting your enjoyment of the property. You will also need to show that you have given the landlord reasonable opportunity to carry out the necessary repairs, and that they have failed to do so.

To learn more about how to make a claim regarding housing disrepair, it is best to contact us at National Claims. You will be put in touch with one of our claims specialists who will be able to provide you with further information about the claims process.

Note: You can only make a claim if you are currently living in social housing.

Owners Rights

Owners have a legal responsibility to ensure that their properties are safe, secure, and in good condition. This means that they must carry out necessary repairs when required. Failure to do so can result in legal action being taken against the owner, and may also result in a reduction in the value of the property.

Owners may also be entitled to take legal action if their tenants are responsible for any damage to the property. This may involve making a claim for damages, or seeking possession of the property.

Renters Rights

Tenants have legal rights when it comes to housing disrepair. These include the right to live in a property that is safe, secure, and in good condition. Tenants also have the right to request that their landlord carries out necessary repairs, and to take legal action if the landlord fails to do so.

Tenants may also be entitled to compensation if they have been living in a property that is in disrepair, and their enjoyment of the property has been affected as a result. However, it is important to note that tenants also have legal responsibilities, and must pay rent on time regardless of any issues with the property.

A yellow and green front door side by side

Conclusion

In conclusion, housing disrepair is a serious issue that can affect both tenants and owners. Both renters and owners have legal rights and responsibilities when it comes to housing disrepair. Tenants have legal options if their landlord fails to carry out necessary repairs, but must also pay rent on time. 

Owners must ensure that their properties are safe, secure, and in good condition, and may be entitled to take legal action if their tenants are responsible for any damage to the property. Ultimately, both parties must work together to ensure that properties are well-maintained and in good condition.

Get in touch with National Claims today to begin your claim with us.

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