Can You Be Evicted for Making a Housing Disrepair Claim?

When living in a rental property, especially one managed by a local council or housing association, you have the right to expect that your home will be kept in a safe and habitable condition. However, many tenants across England and Wales find themselves living in homes that are in a state of disrepair, with issues ranging from damp and mould to broken heating systems and pest infestations. If you’re considering making a claim to force your landlord to make necessary repairs, you might be worried about the potential consequences, including the fear of eviction.

Can You Be Evicted for Filing a Housing Disrepair Claim?

Legally, your landlord cannot evict you simply for making a housing disrepair claim. The law protects tenants from retaliatory evictions, ensuring that you can exercise your rights without fear of losing your home. However, there are some exceptions to this protection. If you are behind on your rent payments and do not have a payment plan in place, you may be vulnerable to eviction for arrears, regardless of your disrepair claim.

Living in Unsafe Conditions?

Thousands of tenants live in substandard housing, often feeling powerless to change their situation. It’s important to know that you have options and legal rights that can compel your landlord to make the necessary repairs. By taking action, you can ensure that your home is brought up to a safe and liveable standard.

When Can a Landlord Evict You?

A landlord can evict you if you fail to meet certain obligations, such as falling behind on rent payments without an agreed-upon payment plan. Additionally, if the tenancy has reached its end or if you’ve breached other terms of the rental agreement, the landlord may have grounds to evict. However, they cannot legally evict you solely for making a housing disrepair claim.

Steps to Take Before Making a Housing Disrepair Claim

If you believe your home is in a state of disrepair, your first step should be to inform your landlord in writing, detailing the issues and requesting repairs. Your landlord is legally obligated to address these issues within a reasonable timeframe, which varies depending on the urgency of the repair. If your landlord fails to take action, you have the right to bring a housing disrepair claim through a solicitor.

Common Examples of Housing Disrepair Claims

When a landlord neglects their responsibility to maintain the property, tenants can make a claim for various issues, including:

• Damp and Mould: Persistent damp and mould can lead to health issues and damage to personal belongings.
• Gas and Water Leaks: Leaks can pose serious risks, including health hazards and property damage.
• Defective Central Heating: A broken heating system can make your home uninhabitable, especially during the winter months.
• Broken Doors, Windows, Fences, or Gates: These issues can compromise the security of your home.
• Vermin or Pest Infestation: Infestations can lead to unsanitary living conditions and damage to your property.

What Can You Claim For?

If your landlord fails to make the necessary repairs in a timely manner, you are legally entitled to seek compensation. This compensation can come in various forms, including:

• A Lump Sum Payment: Compensation for the inconvenience and discomfort caused by living in poor conditions.
• Payments for Damage to Personal Property: If your belongings were damaged due to the disrepair, you can claim compensation to cover these losses.

Take Action to Protect Your Rights

Living in a home that is in disrepair can be stressful and frustrating, but you don’t have to endure these conditions. By understanding your rights and taking the appropriate steps, you can ensure that your landlord fulfils their legal obligations and that your home is made safe and comfortable. If you’re considering making a housing disrepair claim, it’s important to seek legal advice to guide you through the process and help you achieve the best possible outcome.

If you’re experiencing housing disrepair and believe you have a case, don’t hesitate to contact us. Call SilverOak Solicitors at 020 8578 7778 to discuss your situation with our knowledgeable team or submit your details for a call back at your convenience. We’re here to help you reclaim your right to safe and liveable housing conditions.