Thursday, May 16, 2013

Claiming for Housing Disrepair

By Jocelyn Dela Cruz


A secure and safe environment is what everyone is looking for, especially when it comes to renting or leasing a house or any other property. Naturally, a risk-free estate provides comfort and security. It assures that the tenants won't come to any harm as a result of bad housing, leading to contentment and less worry. Moreover, it creates a good relationship between the landlord and the tenant. There are many cases where the property is poorly maintained and the tenants are therefore dissatisfied, leading to claims filed against their landlord because of housing disrepairs. So it is essential that the landlord do his part in maintaining his property.

A landlord's responsibility is to make sure that his tenants are safe and sound when using his property. He should dutifully check the property's exterior and interior areas. This includes the roof, gutters, drains, pipes and window frames for the exterior areas. Garden paths and steps must also be taken into consideration, as well as lights and lamps within the property. The interior areas that should be maintained by the landlord include the sinks, toilets, electrical wiring, water lines and gas pipes. Even as proficient as you may feel you are in the art of plumbing and electrical wiring, it is your landlord's duty to ensure everything is in working order, so it's best to leave it to him.

As with most things in life, there is a certain amount of upkeep that is necessary in order to keep a property in good condition, and every once in awhile repairs are bound to be needed. Some minor repairs can be done by you, but if important matters are being overlooked by your landlord, then you have the right to complain. For example, leaky roofs, gutters, drains, or pipes are problems that typically should be handled by your landlord. When certain things are left in bad conditions they can cause harm to yourself or others. That's why it is so important to take steps to fix these issues when they happen, whether it be by fixing a very minor problem yourself or contacting your landlord about it.

Make sure your landlord is aware of the problem. After this, give your landlord some time to address it. Law dictates that 21 days be given to a landlord to act on a problem once they have been notified of it. When this time has passed and the problem is still at hand, then legal actions should be taken. You can now ask help from solicitors to file your housing disrepair claim. If health problems or injuries are involved, then you can also file a personal injury claim along with your housing disrepair claim.

An important thing to note is that a 6-year limitation date is set for housing disrepair claims. This period runs from the first day that you are made aware that there was a disrepair in the premises of the rented property. If personal injury has happened due to the disrepair, the limitation date is cut down to 3 years. This means that after 3 years, your claim is no longer viable.

Keeping a copy of your complaint is important. It will help you and your solicitors a lot when making your claim. It is also favorable for you to take and keep photos of the housing disrepair, since photos are harder evidence than the mere 'he-said, she-said' of verbal claims. If the case has been built and has been proven in court, the court will issue an order in favor of the tenant and will require the landlord to compensate and take care of all the damages within a certain time frame.




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