news feature
Why disrepair claims need urgent attention from landlords
For a variety of reasons, landlords are facing more disrepair claims brought by their tenants, both within the Magistrates Courts (by way of criminal prosecution) and/or in the Civil Courts (either by way of defence to rent arrears proceedings or in the form of standalone claims). But what is leading to these increases? Ventive explains more
have fallen back into states of disrepair, and this can be attributed to cuts in revenues and government grants as well as lack of investment in more energy-efficient technologies for heating, insulation and ventilation – which can prevent homes from slipping back into the poor quality bracket. Many tenants are struggling to heat their
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homes adequately and can be reluctant to ventilate (through either window trickle vents or by simply opening a window) properly, which leads to excess moisture which can build up over time. Benefit cuts, the bedroom tax and increases in energy costs are all contributing factors; causing some tenants severe financial hardship. With the introduction of Universal Credit (rolled out during 2015) tenants receiving benefits can exercise the right of consumers and refuse to pay for services that are (in the opinion of the tenant) of an ‘unsatisfactory standard’. No matter what the cause of the increase,
many housing providers are now spending large sums of money either to prove their property is not in a state of disrepair or in defending claims. According to a Report on Disrepair by Andy
Ballard: “The general rule of litigation is that the unsuccessful party usually pays the successful party’s legal costs; in many cases the tenant will be unable to meet that Order for Costs and in effect the landlord funds both sides of the litigation.
espite many landlords conforming to the Decent Homes Standard many years ago, many of these properties
“Although many landlord’s will quite rightly
argue they can defend such proceedings; the cost of defending them is great and never certain.
“Many tenants are struggling to heat their homes adequately and can be reluctant to ventilate (through either window trickle vents or by simply opening a window) properly, which leads to excess moisture which can build up over time”
“In addition, claims such as these cause
significant harm to the reputation of the landlord. Many are reported to the housing provider under the complaints procedure and many get referred to councillors and elected members. “Lastly there is the issue of Regulation. All are
aware of the Homes and Communities Agency (“HCA”) Consumer Standard. Providers can be subject to intervention by the Regulator where:-
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‘Standards have or could lead to serious
detriment to tenants or potential tenants.’ “These are very difficult times and the
number of claims is only likely to increase. So what are the obligations of both the landlord and the tenant?” The landlord has a number of obligations
contained both within their Tenancy Agreement (contract) and within statute (legislation and regulation). These are normally referred to as ‘keep in repair’ and ‘keep in proper working order’ (the structure and exteriors, utility supply for heating and hot water). Many housing providers have inadvertently drafted a Tenancy Agreement that states:- “To keep in good repair”. Similarly, tenant’s obligations are contained
within the Tenancy Agreement. Generally they will be asked to behave in the property in a “tenant like” manner and to report any repair or defect that requires attention. Indeed for a landlord to be “caught” by most of the claims, the landlord must be notified of the defect and given a reasonable time to remedy the defect(s) alleged. So what are the most common types of
disrepair? Many claims will be related to damp (both rising and penetrating), condensation and mould. It is therefore crucial that the landlord seeks to avoid “damp”, “condensation” and “mould” claims. They are very costly both in terms of money and in terms of reputation. Often, it is condensation and mould caused by a lack of either the means of affordable heating to a property, or a lack of ventilation. The provision
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