Disrepair

 

What is disrepair?

If you are a tenant, living in rented property which has fallen into disrepair, you may have a disrepair claim against your landlord. If your landlord has failed to repair faults or not kept the house in good condition you may find that your home becomes damaged.

Housing disrepair means a rented property that needs repair in order for it to be safe and suitable for tenants to live in. If you are a tenant living in rented accommodation, your landlord is required by law to ensure: That the house you live in is in a good state of repair structurally.

From simply not maintaining parts of the property, to refusing to fix issues at your request, landlord negligence can take many different forms. If you’ve experienced landlord problems and are living in, or have lived in, a property that was in disrepair, you may be able to make a claim against your landlord.

What are the main sources of remedies for Disrepair?

There is no single, comprehensive source for remedies for disrepair. Instead there are three main sources:

  • Contract – concerned with the express and implied terms of the tenancy agreement.
  • tort – a civil wrong, which is not a breach of contract; it is based mainly on common law principles
  • statute – comes from Acts of Parliament and can create a criminal offence

Remedies available to the landlord

The tenancy agreement may also have terms that give the tenant an express duty to carry out repairs. A breach of such duties may give rise to an action for possession and/or of damages for breach of contract.

If a tenant is responsible for deterioration in the condition of the property or furniture provided by the landlord, the landlord may be able to take action by serving a notice for breach of a ground for possession and consequently obtaining a possession order.

Hagen Wolf can ensure that the most effective remedy is applied where disrepair is the concern.