If your rented property is in serious need of repair and your landlord has ignored your repeated requests to fix the problem/s, then you may be able to take court action to get them to fix the problem & provide you with compensation
You must first establish whether or not your landlord is responsible for the repairs on your premises. The first thing to check is your tenancy agreement. Under section 11 of the Landlord and Tenant Act 1985 your landlord is responsible for keeping in repair:
You will only be eligible for legal aid if the disrepair is one that is creates a serious risk to the health and safety of your family.
The other alternative is to make a claim in the Small Claims Court if the estimated damages and cost of repair work equals less than £1000.
Yes, the court can make an order for specific performance, which means the landlord must make the necessary repairs in order to comply with their obligations under the tenancy agreement.
The court can award damages which are designed to put you back in the financial position you would have been in had it not been for the disrepair. You can get damages if:
You will normally have to bring an action within six years of telling your landlord of the need for the repair and them not doing anything about it after a reasonable length of time.
Personal injury claims resulting from the disrepair must be brought within three years of the injury occurring.
The Pre-Action Protocol for Housing Disrepair Cases sets out the procedures and timetables that must be followed for housing disrepair cases. It also encourages the use of Alternative Dispute Resolution such as mediation to settle the claim instead of court action.
If your landlord is refusing to take action on a disrepair, then you need to seek legal advice as soon as possible for the sake of you and your family’s health and safety.