What is the time limit for housing disrepair claims?
What is the time limit for housing disrepair claims? In England and Wales, tenants seeking compensation for housing disrepair through the courts must adhere to certain time limits. If you fail to make your disrepair claim within the set deadline, you may lose your right to pursue the case. In this blog post, we’ll outline the key time limits tenants should know.
6 Years for Basic Breach of Contract:
If your landlord has failed to maintain the property as required under your tenancy agreement, you generally have a 6 year time limit to make a disrepair claim from the date of breach.
For example, if your landlord ignored written requests to fix a mould outbreak in January 2017, you’d have until January 2023 to make a claim over that specific breach.
3 Years for Defects Causing Personal Injury:
If the poor conditions have directly caused illness or injury like an asthma attack from damp, you have a reduced 3 year limit to claim related compensation. This starts from the date the injury occurred.
So if you ended up hospitalized for an electric shock from faulty wiring in April 2020, you’d have until April 2023 to claim for your injury losses.
Prompt Notification Important:
To give yourself the best timeframe for action, notify your landlord about any disrepair in writing immediately when issues arise. Even if you miss the limit, prompt notification shows you did not delay bringing the matter to the landlord’s attention.
Ongoing Disrepair Claims:
For recurring or worsening issues like persistent leaks, the time limit effectively resets with each new breach or injury. As long as some incidents of disrepair have occurred within the time limits above, you can include earlier matters as part of an ongoing claim.
Getting Legal Advice:
Due to the complex nature of time limits, it is essential to get expert legal advice as soon as possible after experiencing housing disrepair. A housing solicitor can review the details of your situation and start the claims process urgently to avoid exceeding the relevant deadlines.
Meeting the set time limits ensures your right to fair compensation is not jeopardized if your landlord fails to provide a properly maintained home. Don’t delay in seeking both repairs and legal counsel.
Housing Disrepair Advice: https://housingdisrepairadvice.org/contact
Housing Ombudsman: https://www.housing-ombudsman.org.uk/