Many tenants feel overwhelmed and frustrated by ongoing poor conditions at the property they are renting. Despite numerous attempts to notify their landlord of the ongoing issues, repairs are still outstanding and nothing is being done. This situation understandably leaves tenants feeling out of control and angry. As a result, people consider withholding their rent to fight back. While we can understand the logic behind withholding your rent as leverage, this is not your best course of action.
Why you shouldn’t withhold your rent
Generally speaking we always advise against withholding your rent in cases of housing disrepair. There are two reasons for this, the first being that this will likely not result in the outcome you are hoping for and you may find the disrepair continues. The second and most important reason, is that you will then be in breach of your tenancy contract. This means your landlord then has the option to begin court action to evict you from the property.
Rest assured, it’s not all doom and gloom. There is something you can do. As a tenant, you have rights. Section 11 of the Landlord and Tenant Act 1985 requires a landlord to keep in repair the structure of the property and keep facilities such as the boiler, toilets and plumbing in good working order.
If your landlord refuses to make repairs and maintain your property to a safe and liveable standard, you have the option to take legal action against them in the form of a Housing Disrepair Claim.
How to bring a Housing Disrepair Claim
The first thing to establish before making a Housing Disrepair Claim is whether or not the damage in your home is considered disrepair in the eyes of the law. Legally speaking, the definition of disrepair is that there is damage that needs to be put right. When a rental property deteriorates and requires major repairs before it reaches a point where it is considered safe and suitable to live in, this is considered to be housing disrepair.
Some of the most common examples of housing disrepair include:
- Mould and dampness
- Leaks, flooding and water damage
- Insect infestations
- Defective roofing or gutters
- Defective boilers and heating
- Defective windows and doors
- Defective brick work and cracks
- Dangerous electrical wiring
If you are experiencing any of these conditions within your rental home, you are within your right to bring a housing disrepair claim against your landlord. If you choose to follow this route, we advise that you gather evidence to support your case.
In the first instance, you should write to your landlord as soon as you notice a problem which requires attention. If a letting agent manages the property on your landlord’s behalf, write to them as well. Keep a copy of the letter for your records, you may need it at a later date.
Other ways you can gather evidence include:
- Taking photos of the damage, particularly if it worsens over time
- Keep any texts, emails or letters of correspondence between yourself and your landlord/letting agent
- Keep any receipts you may have if you have had to replace or repair damaged items within the home
- Ask for letters from your GP if the problem has made you unwell
- Ensure you have a copy of your tenancy agreement
Get in touch
Here at TEN Legal, our team of specialist solicitors can support and advise you throughout the process of making a claim.
We welcome you to get in touch by calling our friendly team on 0161 402 0213, or alternatively fill in our contact form and we will arrange a time to have a no-obligation chat.