LEGAL DISREPAIR SURVEYS
Legal Disrepair Surveys In Haringey, Islington, Barnet and throughout London
Social landlords or Housing Associations have the legal obligation to ensure that its residents are provided homes that are fit for purpose. Homes are free from risk for its residents and visitors.
There are three main legal Acts that govern this, the law states:
Defective Premises Act 1972 Section 4(1)
“Where premises are let under a tenancy which puts on the landlord an obligation to the tenant for the maintenance or repair of the premises, the landlord owes to all persons who might reasonably be expected to be affected by defects in the state of the premises a duty to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury or from damage to their property caused by a relevant defect”
Landlord and Tenant Act 1985 Section 11
There is an implied agreement by the Landlord:
To keep in repair the structure and exterior of the dwelling-house
To keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation
Homes Act 2018 Section 9A and 10
There is an implied agreement by the Landlord that the property:
Is fit for human habitation at the time the lease is granted or otherwise created or, if later, at the beginning of the term of the lease, and
Will remain fit for human habitation during the term of the lease.
How We Can Help?
We will carry out an Expert Witness Defects Survey on the property, once you inform us of the failures. We will:
Carry out a survey of the property - assessing risk and hazards throughout. Checking moisture level, structure failures, conditions, windows, doors, thermal heat etc
Provide expert witness on potential Landlord failures within the context of the above Acts.
Diagnose the causes
Provide a clear and understandable pictorial report
Provide remedial actions with approximate costings that is easy to implement especially for Social Landlords
This is a service we at Tollington Surveyors are very passionate about. We believe everyone has the right to live in a property that does not pose a risk to their health and where due Legal obligations should be carried out.
Legal Disrepair FAQs
Here are some commonly asked questions regarding Legal Disrepair Surveys. Hopefully, these FAQs will answer any queries you have surrounding Legal Disrepair Surveys; if you have any further questions about Legal Disrepair, please contact us.
What is a Housing Disrepair?
A Housing Disrepair refers to properties that need to be repaired to be considered safe and suitable places for people to live in. Suppose a landlord fails to address the tenant's concerns or fails to take the necessary steps to repair the property within a reasonable period of time. In that case, the tenant may consider it as a Housing Disrepair.
What qualifies as Housing Disrepair?
The most common residential property issues which can be considered Housing Disrepair include:
Damp problems caused by penetrating or rising damp
Damaged toilet, bath, shower or sink
Impaired/defective brickwork – the risk of dampness/leaks
Faulty boiler or heating systems
Inadequate gas, water or electricity supply
My property has Disrepair, what should I do?
Repairs should be reported to your landlord as soon as possible. Keep a record of repair reporting with photographs of the disrepair. Suppose the landlord fails to carry out works within a reasonable period of time. In that case, you may be eligible to bring a Housing Disrepair claim against them. Get in touch with an Expert Witness Surveyor for Housing Disrepairs to carry out a Legal Disrepair Survey. Following a successful claim, the court will order the landlord to carry out the repair. In some cases, compensation can be awarded to the tenant due to a risk of a potential accident, damage or inconvenience caused.
What is a Legal Disrepair Survey?
We will inspect a property for defects as agreed, focusing on the reported issues. We may need to inspect areas of the property or neighbouring properties other than those affected by the deficiency. We will also work with you to commission suitable additional testing/investigation by third parties if needed.
How much does a Legal Disrepair Survey cost?
Typically, Legal Disrepair Surveys start at £350 but depends on the location and the size of the property.
Is my landlord responsible for repairs?
UK law holds the landlord legally responsible for keeping your property in a good state of repair and is responsible for most repairs in your property, even if the tenancy agreement says otherwise.
I am a private tenant, does this apply to me?
Both private and social tenants have the right to make a Housing Disrepair claim against their landlords.
How much will it cost to pursue a Housing Disrepair claim?
Most solicitors will act for you on a NO-WIN, NO-FEE basis, but private claims are commonly made.
Can damp and mould affect my health?
Living in damp and/or mouldy conditions can cause respiratory problems, respiratory infections and allergies. It can also cause underlying health issues such as COPD or asthma worse.