HOUSING CONDITION CLAIMS (INCLUDING Section 11 Housing Act 1985 disrepair claim)
Under Section 11 of the Landlord and Tenant Act 1985, Landlords are responsible for meeting specified basic conditions and repairing obligations. Where, they do not, tenants can claim against them for specific performance of their obligations and occasionally, for compensation.
We can provide a Survey to identify items of disrepair, commenting on whether the requirements of Section 11 are met. Ordinarily, we would do this, working with solicitors on a joint expert witness basis.
The scope of Section 11 was expanded with the introduction of the Homes (Fitness for Human Habitation) Act 2019. It introduced a regard to a number of matters in Section 10 (applicable to Section 11) which include –
Freedom from damp
Drainage and sanitary conveniences
Facilities for preparation and cooking of food and for the disposal of waste water
The Act of Parliaments is not intended to put landlords at a disadvantage. It equally obliges tenants to rectify any damage that they caused past reasonable wear and tear.
Before a claim is made, tenants should take reasonable steps to notify their landlords of any defects and provide reasonable opportunity for them to be rectified. If rectifications are not made in a reasonable period and a claim is considered, evidential requirements are tight. For example, photographs should be taken and if a tenant undertakes any repairs themselves, they should have this documented with any costs incurred also evidenced.
We do not submit claims for Housing disrepair directly ourselves. Instead, we work alongside solicitors who do submit claims. We can recommend solicitors with appropriate experience if required.
We typically act on the basis of a joint expert witness. This means that we have a duty of care to both landlord and tenant and are entirely truthful in our report without taking a position which unduly favours one party or the other.
Once instructed to carry out a Housing disrepair Survey, we are normally able to provide our report within a week and can often, if necessary meet tighter deadlines where required.
At Websters, we are Chartered Surveyors, regulated by the Royal Institution of Chartered Surveyors. Our services span most of London and some surrounding areas including Hertfordshire, Buckinghamshire, Essex and parts of Surrey and Sussex.
Please contact us if you would like to discuss your requirements on 020 8017 1943.