Tenants under a council or housing association authority are entitled to live in homes that are safe, secure, and free from disrepair. Landlords in these cases—whether the local council or a housing association—have a legal obligation to ensure the property meets acceptable living standards. Unfortunately, issues like damp, mould, broken heating systems, or faulty plumbing are all too common, and when left unresolved, they can cause significant inconvenience, health problems, and damage to personal belongings.
If you’re a tenant dealing with such problems, you may be wondering whether you should focus on asking your landlord for immediate repairs or pursue a housing disrepair claim. This blog will help you understand when to prioritise urgent repairs and when to consider a compensation claim, all while recognising that this guidance applies specifically to tenants under council or housing association landlords.
What Are Your Landlord’s Legal Responsibilities?
Council and housing association landlords have a legal duty under the Landlord and Tenant Act 1985 to ensure that their properties are safe and habitable. This includes:
- Keeping the structure and exterior of the property in good repair, such as roofs, walls, windows, and doors.
- Ensuring the proper functioning of essential services, including heating, water, sanitation, and drainage.
- Addressing issues like damp and mould when caused by structural problems or lack of ventilation.
If you report a problem and your landlord fails to act within a reasonable timeframe, they may be in breach of their obligations, giving you the right to seek compensation.
When Should You Prioritise Repairs Over Compensation?
There are certain situations where getting repairs carried out as quickly as possible is essential. While compensation may be an option later, the focus should initially be on getting your landlord to fix urgent problems that could pose immediate risks to your health or safety. These include:
- No Heating or Hot Water: During colder months, a broken boiler or lack of heating can make your home unliveable. You should request emergency repairs to restore these services.
- Severe Leaks or Flooding: Water damage can escalate quickly, causing structural problems and mould growth. Report leaks immediately and insist on a prompt response.
- Electrical Faults: Exposed wiring or faulty circuits can pose fire hazards or cause electric shocks. These are urgent issues that require immediate attention.
- Blocked or Broken Toilets: If your home has only one bathroom, a broken toilet can be classified as an emergency repair.
- Security Issues: Broken locks, windows, or doors that leave your property unsecured should also be prioritised.
If your landlord fails to address these urgent problems, you may need to involve the Environmental Health department at your local council or seek legal advice.
When to Consider a Housing Disrepair Claim
While some issues require urgent repairs, other problems may justify pursuing a housing disrepair claim, particularly if the landlord’s inaction has caused you significant inconvenience, health problems, or financial loss. Examples include:
- Persistent Damp and Mould: If damp or mould has spread throughout your property and the landlord has failed to address the root cause, you may be entitled to compensation for the damage to your belongings and the impact on your health.
- Prolonged Disrepair: If your landlord repeatedly ignores requests to fix structural issues, broken appliances, or damaged flooring, you may have grounds for a claim.
- Health Problems: Respiratory issues, skin conditions, or mental health problems linked to poor housing conditions could strengthen your case for compensation.
Housing disrepair claims can also cover non-material damages, such as stress and inconvenience caused by your landlord’s negligence. If you are wondering how long a housing disrepair claim may take, get in touch and we can help.
How to Approach Your Landlord
If you are under a housing association or council authority, start by reporting the issue clearly and in writing. Keep a record of all communications, including dates and times, and take photographs of the disrepair.
If your landlord fails to take action within a reasonable period, escalate the issue by following their complaints procedure or contacting your local council’s Environmental Health team.
When to Seek Legal Advice
If the disrepair persists despite your efforts, it may be time to seek legal advice. Housing disrepair claims can be complex, but with the right legal representation, you can secure compensation and ensure your landlord fulfils their responsibilities.
At Greenbank Lawyers, we specialise in helping council and housing association tenants fight for their rights. Our experienced team will handle your claim, gather evidence, and communicate directly with your landlord. Contact us today for a free consultation and take the first step towards reclaiming your comfort and safety at home.
