Tag best housing disrepair solicitors

What is the new law on damp and mould?

What is the new law on damp and mould? Damp, mould and condensation blight far too many English and Welsh rental properties, risking tenant health and disputes. But new November 2023 legislation bolsters renters’ rights regarding excess moisture issues. We summarise the key changes now in effect to help tenants assert improved living standards.

Expanded Landlord Duties Around Damp and Mould Prevention

The Residential Properties (Damp and Mould) Act 2023 for England and Wales enshrines new legal duties compelling both council and private landlords to actively:

• Survey rental properties for damp and mould risks before new tenancies
• Fix identified problems like leaks, install proper insulation, heating, ventilation
• Provide new tenants an official moisture risk assessment report
• Respond within strict timeframes to damp/mould issues reported mid-tenancy

Timescales range from urgent 24 hours mould disturbance works to 28 days for installing new ventilation systems.

New Rights Letting Tenants Terminate Over Persistent Issues

If landlords ignore new obligations and allow hazardous damp, mould etc to persist through negligence without repairs, tenants now have explicit grounds to legally end tenancy agreements early without penalty.

Compensation for Illness and Damage

Where landlords didn’t reasonably comply with duties leading to tenant harm from conditions like mould-related respiratory illness, residents can claim compensation for health impacts, property damage and losses under the new Act.

Overall, the 2023 legislation cements housing fitness accountability on landlords, not tenants, reflecting expert medical knowledge on damp risks. Check government guidance to ensure your rights stay protected.

If you think your social housing landlord is breaking the law. Then please feel free to get in touch and book a free no obligation consultation on making a housing disrepair claim against your landlord. Our team are available seven days a week to answer any and all questions

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

Can I leave my rental if there is mould?

Can I leave my rental if there is mould? Finding some minor mould in damp areas like bathrooms may be an unfortunate reality in many rentals. But can tenants legally break their tenancy agreements and leave properties if severe hazardous mould renders homes uninhabitable? We explore your rights when fungal infestations get out of control.

Defining a Chronic Mould Problem

More than just some surface mildew in the grout or a patch of fungus on an exterior wall, chronic dangerous mould issues normally involve:

• Substantial mould growth affecting most rooms
• Landlords failing to remedy root causes like leaks or moisture
• Loss of safe habitable space from contamination
• Legitimate fears regarding health impacts like lung inflammation

Usually such severe cases result from long-term structural defects or major events like floods. Evidence from doctors, inspectors and legal experts will back up tenant claims.

When You Can Legally Vacate Due to Mould

If you’ve extensively reported hazardous mould without a landlord’s reasonable attempts to treat causes and remediate contamination, housing law in your defence may enable you to:

• Break the tenancy agreement on health/safety grounds
• Sue landlords for compensation if mould provably caused illness/damage
• Stop paying full rent if the property becomes legally unfit for occupation
• Ultimately vacate the property while still paying owed rent short-term

Each situation differs, so document evidence and always consult housing legal experts first. But the law prevents landlords ignoring severe mould affecting basic tenant welfare.

Seeking Temporary Relocation

If individual units get overrun by mould/fungi during planned works, responsible landlords should provide temporary safe accommodations elsewhere until fixes complete. This ensures tenants don’t bear the brunt of disruption. If you feel like we can be of any help, please contact our client services team today.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

Damp and mould in rental property

Damp and mould in rental property Finding patches of dark fuzzy mould and moisture-laden walls in a rental property can spark endless tenant frustrations. Either from rising damp, leaks, or condensation, excessive indoor moisture encourages mould growth that risks health. But what can renters do to fix damp and mould problems under UK housing rights? We take a look.

Landlord Requirements Under Housing Law

The critical starting point – landlords hold legal responsibilities under Section 11 of the Landlord and Tenant Act 1985 to effectively treat and prevent damp/mould issues in their rental properties. This covers:

• Stopping rising damp with proper damp proof membranes and ventilation
• Identifying and fixing structural leaks causing penetrating damp
• Providing adequate heating, insulation and ventilation to minimise condensation

Tenants reporting indoor damp or mould growth should have their landlord promptly inspect and make repairs to keep the property habitable. Ignore issues and tenants can pursue further action.

When Tenant Ventilation Efforts Matter

However, tenants also must take reasonable moisture prevention steps – chiefly keeping trickle vents open when cooking/showering and effectively heating/airing rooms. While ultimately accountable for faults outside tenant control, landlords can require residents follow condensation reduction steps.

Evidence like photos and maintenance records will help show each party acted reasonably if disputes proceed to housing tribunals.

Getting Environmental Health Inspections If landlords fail to fix damp/mould faults within a reasonable time, council environmental health teams will investigate and can require rapid improvements with legal notices. Severe cases also give tenants rights to pursue rent rebates or relocation assistance.

Nobody wants to live surrounded by hypoallergenic mould risks. Asserting housing rights firmly ensures tenants secure the healthy indoor conditions they deserve. If you feel we can help you, please contact our client services team today.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

Can you refuse to pay rent if you have no heating?

Can you refuse to pay rent if you have no heating? Freezing indoor temperatures can become unbearable over winter when heating fails. As a tenant, could you lawfully stop paying full rent to your landlord if they ignore requests to fix faulty heating systems? We explore using rent payments as potential leverage versus seeking formal routes to compel repairs.

Withholding Rent – High Risk Move

While rarely advisable without formal legal consultation, tenants do retain certain rights under housing law to withhold rent when properties become legally “unfit for occupation” from extreme disrepair or failures to provide basics like heating, hot water, sanitation etc.

However, for rent withholding to have lawful justification, tenants must place owed payments into an approved escrow account – not simply default. Landlords can still pursue evictions and county court judgements over straight non-payment.

Following Official Repair Request Procedures

Housing advisers typically recommend tenants follow formal repair request procedures first before ceasing payments, namely:

• Issuing written notice to landlords detailing heating failures
• Allowing reasonable timescales for repairs e.g. 24 hours for winter no heating emergencies
• Escalating to council environmental health teams if unfixed

This shows you fulfilled your tenant responsibilities to alert landlords and facilitate access before seeking rent adjustments.

Weighing Up Risks and Alternatives

While rent strikes seem an easy fix for poor conditions, the risks of retaliation like eviction notices mean tenants should carefully evaluate other options too:

• Free advice from housing aid services
• Mediation and negotiations
• Making insurance claims if applicable
• Ultimately relocating may be necessary

If you do opt to withhold rent, specialist legal advice remains essential to avoid jeopardizing your tenancy further. If you think we can help you, please feel free to contact our client services team.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

Is it legal to leave a tenant without heating and hot water?

Is it legal to leave a tenant without heating and hot water? Few things are as essential for safe, habitable housing as adequate provisions for heating and hot water. But in the depths of winter, what recourse do tenants have if landlords allow heating systems or boilers to break without fixing them? We detail the legal position on this unacceptable failure of duty.

The Right to Safe, Warm Housing

UK housing legislation makes clear that all tenants are entitled to dwellings with efficient heating and hot water systems to meet modern insulation and hygiene standards.

Allowing properties to have no functional central heating or hot water puts tenants at risk of health impacts from hypothermia, breathing conditions, and inability to wash properly.

24-Hour Emergency Repair Duty

Critically, if lack of heating or hot water leaves residents exposed to immediate harm, this counts as an emergency repair under law. Just like gas leaks or dangerous wires, landlords have an absolute duty to implement emergency repairs on vital services within 24 hours.

So if boilers break in winter or pilots go out, temporary solutions like portable heaters, electric showers and hot plates should be supplied within a day while full systems get assessed and fixed by engineers.

When Inaction Becomes Unlawful

If for any reason landlords fail to restore critical heating and hot water to habitable standards after tenant notification, they violate housing fitness duties. Such cases of neglect open them up to legal action including:

• Formal complaints to environmental health authorities
• Facing improvement/prohibition notices and fines
• Tenants arranging independent repairs and withholding rent
• Being sued by residents in county courts for compensation

The bottom line – no one should endure weeks of icy showers or shivering nights without heat. Landlords denying such fundamentals break the law.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

Is it the landlords responsibility to fix hot water?

Is it the landlords responsibility to fix hot water? Having no hot water can make tasks like bathing, washing dishes and laundry extremely difficult for tenants. But who holds legal responsibility for restoring hot water supplies when boiler or heater faults arise – you or your landlord? We outline the definitive repair duties.

Landlord’s Duty to Ensure Essential Services

Under Section 11 of the Landlord and Tenant Act 1985 covering England and Wales, landlords must maintain gas, electricity and water services they provide to a satisfactory standard. Hot water constitutes an essential service for decent living standards.

This means boilers, hot water cylinders and plumbing relevant to hot supplies all classify as landlord fixtures to repair. If your landlord owns the building, restoring hot water clearly falls under their responsibility.

24 Hours for Total Loss of Hot Water

Now here’s where obligations get stricter – if you lose all hot water, this counts as an emergency repair under housing law. Just as with dangerous electrical faults or gas leaks, your landlord must implement a fix within 24 hours of fault notification.

That makes prompt hot water repair a serious urgent priority rather than something your landlord can delay for weeks without breach of duties.

Seeking Further Recourse

If your landlord fails to restore any hot water within a day or ignores requests, your next step should be formal complaints to council environmental health teams. They can undertake inspections and issue legally-binding improvement notices against neglectful landlords who deny decent living conditions.

Ultimately the law stands firm that tenants deserve essential basics like hot water. Never feel afraid to assert your rights clearly if faults persist. If you think we can help, please feel free to contact our client services team today

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

How long can a landlord leave you without a shower or bath?

How long can a landlord leave you without a shower or bath? Few things are as essential in a home as a functioning bath or shower. But if your landlord fails to fix faulty amenities, how long can they legally deprive you of washing facilities? We look at the rules requiring landlords to maintain decent sanitation standards.

24 Hours for Emergency Repairs

If losing your sole bath or shower leaves you unable to wash at all, this constitutes an emergency repair under housing law. Much like losing heat or water completely, landlords must take immediate action within 24 hours in such dire situations.

That means if your shower breaks leaving you without alternative washing options, your landlord must have a plumber assess and implement emergency works like cold water supplies or temporary showers within a day.

5 Days for Urgent Issues

If you still have some imperfect bathing options like a dripping shower or narrow bathtub, the repair category extends to “urgent”. Here your landlord has up to 5 working days to complete more extensive fixes.

So if the bath taps function but the shower leaks, they must have plumbers replace mixer valves, hoses, tiles or other components within a week to meet the decent standard of repair that tenants are entitled to under legislation.

When Further Action Is Justified

If your landlord denies you any washing facilities for over 48 hours or fails urgent repairs past 5 days, your next steps should involve council environmental health teams. Continued absence of essential sanitary provisions like bathing breaches housing fitness standards. Officials can compel negligent landlords through legal notices and penalties.

No tenant should endure days without basics like bathing. Understanding the rules requiring prompt landlord action empowers residents to demand better when issues arise.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

Should the landlord fix the tap?

Should the landlord fix the tap? Dripping taps wasting water and money can frustrate many tenants. But who is responsible for repairing tap faults in rental homes – you or your landlord? With leaking taps threatening damp and decay over time, we look at UK laws on essential plumbing repairs.

Landlord Duties Under Housing Acts

Landlords must maintain fixtures, installations and appliances left in properties under the Landlord and Tenant Act 1985. As taps provide essential sanitation and hygiene, faulty taps rendering sinks unusable constitute disrepair.

Therefore if taps break completely or leak persistently, tenants can legally require landlords organize necessary repairs under housing fitness standards. Letting taps deteriorate extensively could risk tenant health.

Reasonable Request Process

However, tenants hold responsibility for minor day-to-day maintenance like changing washers in dripping taps. Your initial request should outline if the tap requires a simple tightening, washer change, or complete new part.

Give full details in writing and reasonable timescales for landlords to source contractors – around 21 days for non-emergency indoor repairs. Persistent neglect may enable you to seek compensation later.

Tenant Liabilities

Equally, excessive tenant damage like bashed taps must be paid for unless wear and tear caused the failure. And temporary fixes like correctly turning off isolated drips until professionally assessed may be required. Document issues showing your own care efforts.

Mutual Understanding

Remember both parties want well-functioning, hazard-free housing. Be specific in repair requests, but patient for genuine constraints like contractor availability. Together, tenants and landlords can resolve even stubborn leaks responsibly. If your landlord is refusing to take responsibility for repairs you have a right to seek free legal advice. Feel free to have a talk with one of our client services team about making a housing disreppair claim against your landlord today.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

How often should a landlord replace a kitchen UK?

How often should a landlord replace a kitchen UK? With heavy usage, rental property kitchens can become outdated, damaged and inconvenient over time. As a UK tenant, you may wonder – how often should my landlord completely replace the kitchen? Here we look at the rules and tenant rights around renovation intervals.

No Strict Legal Requirements

Unlike for gas safety checks or electrical inspections, UK housing legislation sets no strict legal timelines for when landlords must replace old kitchens or bathrooms. As long as existing amenities remain functional with only minor wear and tear, landlords typically have discretion over full room upgrades.

However, clear tenant rights and guidelines do exist…

When Tenants Can Reasonably Request Kitchen Upgrades

Under the Landlord and Tenant Act 1985, landlords must keep kitchens and appliances in good working order. So you can reasonably request upgrades or a complete re-fit if:

• Units are structurally damaged, unstable or dangerous
• Appliances frequently break down beyond economic repair
• Layout severely impacts your ability to cook/prepare food
• Surfaces and sinks degrade creating hygiene issues

Ideally, landlords should proactively install new kitchens every 10-15 years without tenant prompts. Failing to modernize dated rooms can breach housing fitness standards.

Withholding Rent for Kitchen Repairs

While rarely advisable without consulting a housing lawyer, tenants may legally withhold rent if a landlord ignores requests to upgrade an unsafe, unhygienic kitchen. However, you must place funds in an approved escrow account, not simply miss payments.

Conclusion While no specific rules exist, landlords maintaining up-to-date, usable kitchens benefits all parties through improved safety, wellbeing and property conditions for tenants. If you feel that your kitchen has become a danger to you and your family then please feel free to get in touch with our client services team and they will be happy to discuss what help is available.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

Should landlord pay for blocked toilet?

Should landlord pay for blocked toilet? Few things are worse than your toilet overflowing or pipes getting choked with waste. But paying a hefty bill to get drains unblocked can be infuriating, especially if it’s your landlord’s responsibility. So should your landlord cover the cost when toilets block? We outline tenant drain rights and obligations.

Landlord’s Responsibility: Drains and Sewers

Under housing law, landlords retain legal responsibility for maintaining and clearing shared or exterior drainage systems in rental properties. These include:

• External sewer pipes and drains
• Manholes and outdoor overflow pipes
• Gullies connecting to municipal sewer lines

That means if tree roots invade external pipes or sewers collapse, your landlord must pay for professional drain repairs and clearance. They can’t pass these communal structural costs onto tenants.

Tenant’s Responsibility: Inside Plumbing

However, as tenants you’re generally liable for clearing blockages originating inside your flat or rented rooms after the initial connection point. This includes:

• Your own toilets, sinks and baths
• Ensuite pipes and private waste outlets
• Kitchen drains only serving your self-contained unit

Unless a toilet blockage stems from structural faults or faults originating outside your rooms, tenants must cover internal plumbing unblocking expenses.

Seeking Compromise and Clarity

For ambiguous situations like partial clogs affecting both internal and external pipes, tenants should request landlords cover or share costs. Proactively maintaining drains can also prevent disputes. Discuss installing exterior drain cameras with your landlord for insight on blockage locations.

By understanding these drain liabilities, tenants and landlords can resolve leaks and overflows cooperatively, keeping rental housing hazard-free. If your landlord is refusing to carry out repairs then feel free to seek legal advice to get the situation sorted. Living with unresolved plumbing issues could be hazardous to your health.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/