Housing Disrepair Claims – How a surveyor can help resolve the defect and the dispute.
Friday, 28th June 2024
Building Defects
Since the introduction of measures under the Homes (Fitness for Human Habitation) Act 2019, landlords have a clear duty of care to provide accommodation of a habitable standard.
If a housing tenant feels that there are failings with the property, which have been reported and not addressed, they can make a claim against the landlord for any physical injury caused, the damage caused to belongings and for the associated inconvenience.
As a result of this legislation the number of housing disrepair claims has increased significantly over the last few years.
From a tenant’s perspective, there is a route for redress under the law to help them get their landlord to address problems.
More widely for tenants, it should mean that that the quality of housing stock in the private rented sector will be improving. This can only be a good thing.
However, if you are a landlord, it does mean that you need to take care to protect yourself from a claim by ensuring that your property is maintained to an adequate habitable standard, and if you do have a complaint, that it is dealt with promptly and appropriately.
Even then, you may be unlucky enough to find yourself in a position where you are having to defend yourself against a false or inflated claim.
As surveyors we can assist by providing professional and objective advice.
As a prospective landlord, commissioning an RICS Level 2 or Level 3 Home Survey can help you assess your proposed buy to let purchase, allowing you to negotiate, budget and plan for any improvements needed before taking it to the rental market. It can also act as a useful record of the condition prior to letting.
For existing tenancies, where there is a valid and accepted problem of disrepair, we can assist a tenant or landlord by inspecting, assessing and preparing a Specific Defect Report to diagnose the scope and causes of a problem, and provide recommendations for the most appropriate remedial work to address the issue swiftly and effectively.
The majority of claims relate to dampness and in particular the impact of mould growth.
It can be difficult for parties to discern between causes.
A landlord may feel that condensation is down to the tenant failing to limit and manage levels of humidity created by their occupation, such as a habit of drying clothes on an airer.
A tenant may be convinced that the issue stems from dampness arising due to defects in the fabric of the building such as rainwater penetration, pipe leakages or damp proofing issues.
Very often it is not a simple black and white issue. A Specific Defect Report will involve a thorough professional assessment and present step by step recommendations of measures to help resolve the problem. It will also act as a useful record to help demonstrate steps taken to try to resolve the issue.
If progressing to a formal claim, there can be a tendency for parties to set out opposing positions that are poles apart. In a claim situation, whether felt to be false or valid and inflated, we can produce a Housing Disrepair Report, which is an expert witness report compliant under Section 35 of the Civil Procedural Rules. This can be instructed by either one of the parties, or jointly as a single expert, to help the parties consider their position.
In the best scenario it will help parties reflect and resolve the issue. For parties still entrenched in dispute over aspects, it will help narrow the focus and ultimately form a key element of evidence to help the Court make an appropriate assessment of the legitimacy of a claim.
In all formats, our reports are prepared by a Chartered Surveyor with appropriate experience, to give professional and impartial advice, but written in plain English and illustrated with photographs.
At whichever stage commissioned, our reports will provide a framework for understanding, communication and action.
If you are a tenant, landlord, letting agent or solicitor and have reached a stage with a housing disrepair problem where professional input is needed, please call us on 020 7183 2578 or send your enquiry by email.
