As a tenant, it can be difficult to determine who is responsible for problems or maintenance in the rental property. Generally, your tenancy agreement should detail the tenant’s and landlord’s respective maintenance and repair responsibilities. Sometimes, neither the landlord nor the tenant bears sole responsibility for repairs, maintenance, or payment.
Whether you are a social tenant residing in a housing association or council-owned property, or a private tenant with a private landlord, the landlord is responsible for housing disrepair.
Dampness, mould, condensation, leaks, drainage, flooding (internal and external, i.e., the garden), repointing of brickwork, missing or loose tiles, structural fractures, insect and vermin infestation, poor ventilation, boiler issues, lack of flowing or hot water or heating are all examples of housing disrepair. In this article, Defending Disrepair Claims, we take a look at the mechanism and process involved in defending these types of claims from a landlord’s perspective.
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Free initial telephone discussion
For a free initial discussion on how we can help you if you are involved in a property disrepair claim, get in touch with us today. We are experienced in dealing with all forms of property litigation. We will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What are the best ways to defend a disrepair claim?
Speedy response
Acting promptly is the simplest way for a landlord to avoid or defend cases of disrepair. A claim for disrepair can be defended if the landowner can demonstrate that it responded promptly to any suggestion of disrepair and that any necessary repairs were made within a “reasonable” time frame. What is “reasonable” will depend to some extent on the nature of the repair; however, the best course of action is to avoid arguments about timeframes and reasonableness and simply organise for the work to be completed as soon as possible. It should be noted that if a tenant is refusing to cooperate so that access cannot be gained to complete the work, this may work to your advantage in certain situations, and you should keep detailed records of your attempts to gain access. In cases of more severe neglect, a landlord may be required to actively pursue access, if necessary, with the assistance of a court injunction.
Once a disrepair claim or counterclaim has been duly asserted – via correspondence or during litigation – speed is also crucial. Depending on the nature of the claim, there may a large volume of documents that must be reviewed and compiled in a relatively short period of time. Consequently, proceed swiftly when a claim is made. In addition to allowing you to take a strong position from the outset, preparing evidence early can have positive cost implications in the event that the matter proceeds to trial.
Always see the bigger picture and take a commercial view
In cases of disrepair, achieving settlements can be a delicate balancing act. On the one hand, you want to avoid simply paying out for an easy life; word can spread rapidly, and you could be inundated with claims from tenants who like the idea of receiving free money. On the other hand, financial commerciality must be taken into account. Defending a disrepair case at trial can be (a) expensive (with little chance of recovering costs from tenants even if you are successful) and (b) risky, as even the strongest cases can fail at the last hurdle.
If you have confidence in the systems you have in place to maintain the property in good repair, you may be willing to pursue a trial defence. However, if there is any uncertainty, it may be preferable to adopt a commercial approach and pursue an early settlement. At the very least, settlement proposals may provide you with some protection against costs in the event that tenants refuse to engage or have unreasonable expectations regarding the value of their claim. There is no “one-size-fits-all” solution, and each case must be evaluated on its own merits. However, adopting a commercial approach can yield long-term benefits.
Accurate record keeping
The success or failure of landlords is contingent upon their proficiency in record keeping in these instances. While the burden of proof typically rests on the tenant, courts often acknowledge that most tenants do not maintain comprehensive documentation of every instance in which they report an issue, whether this perception is accurate or not. In contrast, landlords are required to maintain comprehensive records, including call logs and completed works orders that are adequately precise. While it is plausible for tenants to have reported repair difficulties that may not have been documented by the landlord, the comprehensiveness of a landlord’s records plays a crucial role in influencing a judge’s perception of a tenant’s claim about unaddressed repair reports.
Hence, it is advisable to allocate resources, both in terms of time and finances, towards establishing robust reporting mechanisms. Adopting the approach of treating each file with the anticipation of potential presentation in a court of law can significantly enhance the ease of defending any future legal challenges.
How we can help
We have a proven track-record of helping clients involved in defending disrepair claims. There can be an array of issues to take into consideration and we will guide you through all the necessary legal due diligence in a comprehensive and timely manner and support and advise you with all the negotiations. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
Please click here to find out more about our Property Litigation services.
How to contact our Property Litigation solicitors
It is important for you to be well informed about the issues and possible implications of a disrepair claim. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Property Litigation solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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