Litigation against Landlord

This section covers where the Tenant claims injury and repairs: The legal process and liability
 
 
In many cases Tenant may bring a counter claim because this is a deferment tactic and will delay their eviction other times it is simply becuase they are seeking compensation

If they are seeking recompense

The Landlord will not be liable for works or repairs caused by the Tenant’s breach of their obligations under the terms of the tenancy agreement ; provided such terms are lawful, not breaching unfair terms or Housing Act statute.

It is important the Landlord documents property inspections as this documentation may be vital in demonstrating their efforts to maintain and repair. In addition where a Tenant denies access to the Landlord or their tradesman this can be seen as hindering completion of works and negates such claims brought by a Tenant.

Action can be taken by the Tenant in the County Court for breaches of the Landlord’s repairing obligation. It is a civil action where Tenants can claim in respect of compensation for damage, inconvenience and a Personal Injury Element resulting from the Landlord’s breach.

Up to how much can a Tenant sue you for?

In reality, most disrepair cases will start from £1,000 and will not exceed £15,000. Tenants may also as well, sue for cases with a Personal Injury Element. One of the most commonly used is "I slipped on the wooden floor" and so on.

Be extremely cautious when dealing with claim for disrepair because

  • If a case is brought alleging disrepair the Terms of reference that the Tenant will be claiming in law will be- Pre-Action Protocol for Housing Disrepair Cases – click here
  • Your Landlord buildings and or contents insurance policy should contain clauses for 'liability cover' and you should contact your insurers.
  • Consider taking advice from a solicitor who specialises in such claims – refer to your policy guidance and act upon that.

Section 17 of the Landlord and Tenant Act 1985 requires specific performance by the Landlord where there has been a breach, i.e. the payment of compensation may not cover the full requirement. This means that the County Court can make an order requiring the Landlord to fulfil the expressed or implied repairing terms of the tenancy agreement. It can also make an injunction requiring the Landlord to do repair work, which may or may not be within the terms of the contract.

Failure by the Landlord to carry out the works required by the Court order may result in the Landlord or named officer, being committed to prison for contempt of court:-

The County Court can alternatively rule that the repairs be undertaken by or on behalf of the tenant at the Landlord’s expense. Damages can still be claimed even if the works are carried out by the time the case reaches Court.

In practice it is rare for these extreme measures to be used, you still need to be aware that these penalties exist. Always make sure you deal promptly with your repairing obligations when they arise and be very careful that you follow “the letter of the law”. This is all about the protection of your financial investment. If the property is properly insured the majority of costly repairs and works should be covered by the insurance policy.

It is not implied specifically that the Landlord is liable for dangerous defects; however Section 4 of the Defective Premises Act 1972 places a duty of care and responsibility on the Landlord in relation to any person who might be affected by a defect; ‘to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury and from damage to their property caused by a relevant defect’.

A fault or defect is relevant if the Landlord was aware of or should have known about it - the fact that a defect has not been reported or an Inspection has not been carried out (e.g. a leaking roof or rotting joists) does not remove liability. For this reason alone, it is extremely important that Landlords (or their agents) carry out regular inspections. Section 4 provides tenants or other affected persons with the right to seek damages for personal injury or damage to property.