28th
Nov 2022
A legal firm’s two law partners are ‘coaching’ tenants’ with the best method of using a five-step process when complaining to landlords about the disrepair state of their ‘home’ and asking them to resolve the problems.
Sophie Bell and Farzana Chowdhury who are described as “experienced housing law partners at Hodge, Jones & Allen” say recent government figures show that although 31 per cent of social housing tenants did consider complaining during 2019 – 2021, only one sixth did so. On the private renters front, 17 per cent considered complaining to their landlords about necessary repairs, however just one in four did so.
The two partners state that PRS tenants were worried by possible ‘retributions’ if they complained to their landlord with 17 per cent saying it is ”too much hassle to complain”, whilst 18 per cent believed it to be a complete waste of time as their landlord would take no action at all.
The partners say renters should not stop paying their rent but instead follow their five-step process when making complaints:
"1. Determine the disrepair - Before making the complaint, you need to determine if the issue you are facing is due to disrepair, as a landlord is not responsible for all problems in the home. The landlord is responsible for the structure and exterior of the building and also the supply of water, gas, and electricity. Issues such as leaks, dampness and mould may fall under the disrepair depending on their cause. If in doubt, seek legal advice.
"2. Notify your landlord - It’s vital that you inform the landlord about the disrepair issues in your property as no claim can be brought unless this has been done. This is referred to as providing your landlord with ‘notice’ and should be done in writing via letter, email, or text message. Keeping records of correspondence can be important down the line if a claim is needed. The hope is that the landlord carries out the repairs at this stage, but it’s not always the case.
"3. Letter of claim - If a reasonable time has passed, you have not had a response, or your landlord refuses to carry out the necessary works, the next step is to send a ‘letter of claim’ to your landlord. This would usually be asking for repair work to be carried out and to pay some compensation. You can draft this letter yourself or you can instruct solicitors at this stage to send a letter of claim on your behalf. This letter invites the landlord to put forward proposals to settle the case without the need to go to court proceedings. They have 20 working days to respond.
"4. Obtain an expert report - After 20 working days without a response, you can get your legal representative to instruct an expert to inspect the property and produce a report of the disrepair. The expert will advise on how long the works will take and a schedule of repair can be produced.
"5. Make a claim to the county court - If the matter cannot be resolved through contact with the landlord, or they have refused to carry out the works or pay compensation, the disrepair claim can then be issued in the county court."
Bell and Chowdhury added “The ideal scenario for renters is that the disrepair issue is resolved in the initial stages of the complaint when you provide the landlord with notice. If this does not take place, you may be entitled to compensation for the delays.”
They also suggest that tenants are able to submit a compensation claim for any financial loss and expenses because of the property’s disrepair for such things as distress, inconvenience, damaged belongings and “any personal injury you or a member of your family have suffered, as a result of the disrepair, though the evidence of causation will need to be very strong.”
However they do warn that if the claims are ruled against in court they could face having to pay the landlord’s legal costs.
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