Dispute Resolution - conditions of my property

20 AUGUST 2024 09:00

When disrepair has occurred at a rented property and your landlord does not carry out repairs within a reasonable period you may be able to take court action.

 

Disrepair could include damp or fungal growth, pests, and structural issues.

 

A court could order your landlord:

 

1. to carry out the necessary repair work;

 

2. to carry out specific repairs by a certain time;

 

3. to allow you to carry out the repairs yourself and deduct the cost from future rent and that the landlord will not be able to evict you for arrears; and

 

4. to pay you compensation.

 

Before you commence proceedings, you must:

 

1. Have reported the repair problems to your landlord;

 

1. Gather evidence (photographs, calculate worth of damaged items, copies of any correspondence between yourself and the landlord, notes of any verbal conversations, copies of doctor or hospital records relating to health problems caused by the disrepair, receipts for any items you have needed to replace);

 

1. Write a letter of claim to your landlord setting out the disrepair problems and give them 20 working days to rectify the issue and that If the landlord doesn’t rectify the issue in this time you intend to commence court proceedings.

 

You should take into account that court action can be costly. You may need to pay court fees, expert fees and legal fees. You may also be eligible for Legal Help or Legal Aid. Our dispute resolution team offers housing advice under Legal Help and Legal Aid in relation to disrepair and are more than happy to assist in relation to any of the above. They also offer advice in relation to other housing issues such as evictions and homelessness.

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