Consult With Our No Win No Fee Solicitor And Start Your Claim Today

Suing Landlord For Housing Disrepair Under Section 11| Everything You Need To Know

Suing Landlord For Housing Disrepair Under Section 11| Everything You Need To Know

Are you in constant disrepair due to your Landlord showing negligence? Is your Landlord in the council house or housing association avoiding those problems continuously and are you tired of them? In this article, we shall look at some of the professionals’ guidance on how you can sue your Landlord for housing disrepair under section 11, as well as discuss your rights in the claim case.

In this blog, we will be discussing the following points:

  • What is the Housing Disrepair Section 11 Landlord and Tenant Act?
  • What Are Tenant Housing Rights & Responsibilities under Section 11?
  • What are the Responsibilities of a Landlord in a Council House?
  • How To Sue Your Landlord Under Housing Disrepair Section 11?
  • What Evidence Is Needed To Make A Claim Against Landlords?
  • Is there a Time Limit for the Housing Disrepair Claim under Section 11?
  • Some Frequently Asked Questions for Housing Disrepair Section 11.

What is the Housing Disrepair Section 11 Landlord and Tenant Act?

Section 11 is an article of the Landlord and Tenant Act 1985 that allows tenants of any habitable property under the care of the housing association or Landlord to exert their rights within the Law. Section 11 sets out the Landlord’s and housing council’s obligations towards its tenants. They have to provide tenants with a comfortable living standard to accommodate the tenant’s well-being.

The property’s well-being, sanitation, and health should be on par with the tenancy standard defined by the Law. The Landlord must take care of all the previous disrepairs before leasing it out for the tenancy. If the tenants are living in a state of disrepair, then the Landlord can be held accountable for the damages and suffering imposed by the negligence.

What repairs are mentioned in the Housing Disrepair Section 11?

Under Section 11 of the Landlord and Tenant Act, landlords must fix the inner and external structure and integrity of the property they are leasing. Any lighting, water, and heating problems are to be repaired before the tenant moves in. If the problems arise again, then the Landlord must also make sure to address the issues with long-term repair options.

These repairs should be the highest standard of living for the tenant so their enjoyment of the property remains undisturbed. The landlords also have the requirement to maintain these quality repairs till the end of the lease time.

Section 11 article, in brief, outlines tenants and landlords or housing councils to follow the tenancy practices according to the pre-action protocols for housing disrepair. It also outlines the rights the tenants have if the landlords are not doing their duty to keep the property safe and habitable.

What disrepairs are claimable under Housing Disrepair Section 11?

Disrepairs caused by the landlord or housing association are claimable under Section 11 of the Landlord and Tenant Act. These consist of:

 

You can claim for these disrepairs under the rights given by section 11 of the Landlord and Tenant Act. Contact legal representation to know more about how you can claim today.

NOTE: We do not work in cases relating to Anxiety, Emotional Distress, or PTSD issues relating to private landlords or housing councils. Please reach out to our team if you have one of the issues and need representation along with recommended guidance. 

What Are Tenant Housing Rights & Responsibilities under Section 11?

Tenant’s Rights:

  • They have the right to get a property that is both inhabitable and secured.
  • They have the right to get deposits returned or protected at the time of the end of the tenancy.
  • They can challenge high rent and charges.
  • They can get Information about the Landlord.
  • They have the right to live unbothered and have privacy.
  • They have the right to check for the energy performance certificate.
  • They have protection from unlawful eviction and rent.
  • They can request a written agreement on the tenure of the tenancy.

You can challenge the rent from your Landlord if there is constant disrepair due to the breach of the rights in section 11. If you notify the Landlord or housing council about the repairs, then you’ll be eligible for a claim after 21 days of no reply.

Tenant’s Responsibilities:

The Law under section 11 has not only given rights to the tenants but also some obligations and responsibilities. It’s the responsibility of every tenant to follow them.

  • You must take great care of the property.
  • You must pay the agreed rent—the full amount- on time. You cannot withhold rent in an action of desperation or lawsuit.
  • You must pay all the charges that you have decided to settle in the agreement.
  • You must pay for every repair you or any of your guests cause.
  • You agree to lease your property to a subtenant if only your agreement allows it.

Each tenant must adhere to these responsibilities given to them. The Landlord or housing council may take legal action and give you an order of eviction if obligations are not met.

What are the responsibilities of a landlord in a council house?

Housing councils or landlords can be held accountable if they show negligence in doing the repairs. Landlords and their obligations are:

  • To liaise with tenants and tell them about the issues.
  • To fix the problems and repairs before signing the tenancy agreement.
  • Ensure the property is safe and habitable in the tenant’s rental time.
  • To outline the responsibilities in the tenancy agreement relating to repair maintenance and keeping up the repair costs.
  • They have to accept and be held accountable should there be any negligence in the repairs.

They will fix the following disrepairs in their property:

  • Faulty Wiring
  • Heating Issues
  • Insufficient Lighting
  • Staircase Problems
  • Structural Integrity
  • Leakages and Mould

However, they are not obligated to repair things such as:

  • Tenant’s appliances
  • Personal Belongings
  • Fixtures and Fittings
  • Basic Necessary Repairs 

How To Sue Your Landlord Under Housing Disrepair Section 11?

If the Landlord or housing council fails to fulfill your rights, you might consider suing them for negligent disrepair under Section 11 rights. Ensure you have notified your housing association or Landlord about the state of disrepairs on the rental property.

You can wait for some time before making a housing disrepair claim under section 11. If you see no progress or they are neglecting your needs, you can contact a solicitor to seek legal representation and guidance. They allow you to make a claim case from which you can seek compensation.

You can file a claim by:

  • Identifying the type of disrepair in the house
  • Contacting your Landlord or housing association
  • Contacting Solicitors to represent you on your behalf
  • Collecting evidence of the ongoing disrepair
  • Filing for a claim against Landlord or housing association’s insurance
  • Taking  the Landlord to court for negligence and breach of contract
  • Claiming for housing disrepair under the rights of section 11
  • Claiming compensation through No-Win, No-Fee claim

What Evidence Is Needed To Make A Claim Against Landlords or Housing Associations?

Document everything:

Start with getting evidence. Record your phone calls, text messages, and written letters with your Landlord, and make proper written documentation about the events that led to the disrepair. Collect evidence about the repair bills, costs, and conditions of the property.

Sending the letter:

Make sure you send an official letter about the repairs, letting them know about the problems happening on the property. Let the housing association or the Landlord respond to the letter; if you are showing negligence, then take a copy of the letter and contact solicitors to let them represent you.

Claiming compensation:

Once the solicitor takes over the case, they will send a claim notice to the at-fault party responsible for the disrepairs. If they ignore the claim notice, the solicitor will take the case to court and litigate against the at-fault party to get the entitlement you are looking for. You must submit enough proof of the injuries that the Landlord caused to get the compensation.

Is there a Time Limit for the Housing Disrepair Claim under Section 11?

There’s no definitive time limit for repairs under Section 11. All repairs have different time limits; that’s why it depends. If you decide to claim against the Landlord for disrepair, we recommend you start as soon as possible.

The earlier you start, the more likely you will succeed in the court of Law. We recommend you hire a solicitor to take a look at your case, giving you more options as an individual to make proper successful compensation for the disrepairs.

Frequently Asked Questions:

I have been living in a rental house in disrepair. What are my rights under section 11?

You can claim for the lost damages in the rental house. Do you have the letter notice with you? Have you tried getting legal representation? You can give our friendly team a quick call, and we will be more than happy to help you out.

What Are the Compensation Payouts For Landlord Negligence Under Housing Disrepair Section 11?

If you get caught in any disrepair and negligence that your Landlord caused, you may be entitled to a minimum payout of £1,800 along with other losses such as belongings and suffering. However, it may increase depending on the severity of the disrepair damage.

Can you sue your Landlord or Housing Association on a no-win, no-fee basis?

Yes! Absolutely! Here at Vintage Claims Management Company, it is possible to sue your Landlord or housing council on a no-win, no-fee basis. It simply means that you have to pay our solicitors only if the case is won. While you can ask for any free consultancy, we won’t charge you a penny, of course! 

Our many Solicitors are there to help you at any time of the day and hour to get your claim the best compensation possible.

How can I start a housing disrepair claim today?

You can give our team a quick call, and we will happily assist you. Our team is really friendly, and we are available 24/7 to provide support regarding disrepairs and negligence. Waste no time and contact Vintage Claims Management today. 

We are leading claim management with many professional claim solicitors who have been serving in England & Wales for a decade. Start your claim today by calling us now.

LEAVE A COMMENT

Your comment will be published within 24 hours.

© Copyright 2021 Vintage Claims Management Developed by Vintage Solutions