Housing disrepair claims
What is a disrepair?
A disrepair is a state of damage, deterioration, or neglect that makes a property unusable or unsafe for habitation.
Making a claim
Tenants have a right to seek independent legal advice over disrepair and make a claim for damages against the Council.
A successful claim
If claims are successful, tenants’ legal representatives will deduct their costs from the damages awarded and the tenant will keep the remaining money.
An unsuccessful claim
Tenants who make unsuccessful claims are sometimes asked to cover their own legal costs and the Council’s legal costs.
Housing disrepair claims farmers
Housing disrepair claims farmers are going door to door speaking with tenants about submitting disrepair claims.
Claims Farmers have sometimes told tenants that they work for the Council but they do not. If they come to tenants’ homes, we advise tenants to:
- ask for identification
- call the police if you feel scared or threatened
- call us before you sign any documents
Making a claim against the council
The legal process requires tenants to speak to the Council first, before attempting to make any claim. This gives us an opportunity to put things right.
We typically fix repairs and maintenance reports swiftly after visiting the property and carrying out an inspection.
If after contacting us, tenants are still unhappy and decide to make a Disrepair Claim, the Council will follow the Disrepair Pre-Action protocol below;
- After receiving notice of a Disrepair Claim, the Council will liaise with the tenant and/or tenant’s solicitor.
- The Council will respond to the Disrepair Claim letter within 20 days of receipt. The response will include;
- Copies of all relevant documents requested by the tenant.
- A response to confirm that the Council will arrange for a Disrepair Survey to be carried out at the property by a single/and or joint expert.
3. Once the Disrepair Survey is received, the Council will confirm in writing whether it denies or accepts liability/responsibility for the defects, and;
- If the Council disputes liability for some or all of the defects, the letter will explain the reasons for this.
- Any information which the Council has regarding the lack of notice of the defects or any difficulty in gaining access to the property to carry out the work.
- A full schedule of intended works, including proposed start and completion dates, and a timetable for the works.
Tenants must allow the Council reasonable access for inspections and to carry out works. This is covered in section 20, page 11 of your Tenancy Agreement and in ‘Tenants Guide to Your Home’ under the heading, ‘Inspecting Your Home’ on page 16. The Council will give reasonable notice that access to a property is needed, except in the case of an emergency.
The Council will give the tenant access to shared areas as appropriate, for example, for the inspection of a shared heating system. If the tenant no longer lives at the property, the Council will take all reasonable steps to give the claimant access for the purpose of an inspection.