Winter Spike in Housing Disrepair Claims

As temperatures drop and energy bills soar, the UK is facing an expected rise in housing disrepair claims this winter. Issues like damp and mould are likely to worsen, leaving tenants vulnerable and landlords under increasing pressure to address these problems. At SilverOak Solicitors, we are here to help tenants understand their rights and provide landlords with guidance on legal responsibilities.

Why Are Disrepair Claims Increasing?

Rising energy costs and the cost-of-living crisis mean many tenants are unable to heat their homes adequately. This creates ideal conditions for damp and mould to thrive, leading to unsafe and unhealthy living environments. The tragic death of Awaab Ishak, caused by exposure to mould in a Rochdale Boroughwide Housing flat, has brought national attention to the health risks associated with poor housing conditions, prompting more tenants to take legal action.

Key Challenges for Landlords

Landlords, including housing associations and councils, face mounting challenges in maintaining their housing stock. Many properties are ageing and require significant repairs. At the same time, the financial strain on social housing providers has limited their ability to address these issues promptly.

Legal experts are advising landlords to prioritise energy efficiency improvements, such as installing solar panels and upgrading insulation, to prevent future disrepair issues. In the short term, social landlords are encouraged to help tenants access financial support, such as Discretionary Housing Payments and council tax rebates, to alleviate the burden of rising energy costs.

Tenants’ Rights in Housing Disrepair Cases

Under the Homes (Fitness for Human Habitation) Act 2018, landlords are legally obligated to ensure their properties are safe, habitable, and free from significant health risks. Tenants have the right to make a disrepair claim if their landlord fails to address issues like:

• Damp and mould
• Structural damage
• Faulty heating systems
• Water leaks

If these conditions are not remedied within a reasonable timeframe, tenants may be entitled to compensation for health impacts, damage to belongings, and inconvenience.

Preventative Measures for Landlords

To reduce the risk of disrepair claims, landlords should:

• Conduct thorough stock surveys to identify and address potential issues.
• Provide tenants with advice on how to use heating systems efficiently.
• Establish hardship funds or other financial support initiatives for tenants struggling with energy costs.
• Improve housing stock with energy-efficient upgrades, such as solar panels and better insulation.

The Health Risks of Winter Disrepair

Winter disrepair poses significant health risks, particularly for vulnerable groups such as children, the elderly, and those with pre-existing conditions. Damp and mould can exacerbate respiratory issues like asthma, bronchitis, and allergies, while prolonged exposure to cold due to broken heating systems can lead to hypothermia or worsen cardiovascular conditions.

Poor insulation and structural damage may also create drafts, making it difficult to maintain a safe indoor temperature, which can increase the risk of illness. These conditions not only affect physical health but can also contribute to mental health struggles, as living in an unsafe and uncomfortable environment often leads to stress and anxiety.

How SilverOak Solicitors Can Help

If you’re a tenant experiencing poor living conditions or a landlord seeking legal guidance, SilverOak Solicitors is here to help. Our experienced team can provide expert advice on:

• Filing or defending housing disrepair claims.
• Navigating legal responsibilities under the Homes (Fitness for Human Habitation) Act.
• Securing fair outcomes for tenants and landlords alike.

Contact us today on 020 8578 7778 for a free consultation. Together, we can ensure safer and more secure housing for everyone this winter.