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Housing Disrepair: Basic Facts for Making a Claim

By Jocelyn Dela Cruz


Security and safety are what most of us are searching for when renting or leasing a property. We value our life, so we make sure that the property we are going to move in to is risk-free and well-kept. Such an environment offers calmness and freedom from worries about whether your house is safe, or whether it'll cost you an arm and a leg in repairs. In these instances, the landlord can contribute a great deal. By properly maintaining the site, he is creating a good, safe home and a good relationship with his tenants.

For every rented space (e.g. houses, apartments), the landlord has the responsibility of ensuring that his tenants are safe in using his property. He has an obligation to keep the estate in good condition. He is expected to take care of repairs to the property's interior areas and exterior areas. The interior areas include baths, toilets, sinks, water lines, gas pipes and electrical wiring. Exterior areas involve the fixing of the walls, roof, drains, gutters and window frames. If it is a big estate, things such as garden paths and steps are also included in the exterior. Home systems such as heaters or air conditioners must also be checked to ensure the wellbeing of the tenants.

Every once in a while, things will break or otherwise get too old to be safe, and repairs or replacements must be made. It is important to bear in mind, however, that the landlord cannot be expected to do all the routine maintenance. Minor repairs such as keeping the compound clean or beautification of the place can be done by you. But if important details are being ignored by your landlord, then you have the right to say something about it. Problems such as leaking roofs, pipes or mold infestations should move you to call and notify your landlord. Keeping such problems unattended can cause either sickness, injuries or even death to you and those of your household.

The first thing to do is let your landlord know about the problem. It may be that the landlord had simply not noticed it, so calling his attention is a must. After you've taken this first step, wait for your landlord to act. Let 21 days pass and, if the issue has still not been addressed, legal actions should be taken. You can now claim a housing disrepair. If injuries or health problems are involved, then bringing a personal injury claim with you alongside your housing disrepair claim will be essential. Health problems like the flu, viruses and colds can be caused by certain types of disrepair, and there are compensations for it.

A 6-year limitation period is set for claiming housing disrepair and receiving compensation. This starts from the first day that you are made aware of the disrepair. This limitation is cut to 3 years when injuries have happened. Claims made after these limitation dates will no longer be considered by the court.

It is also important to make and keep a copy of your complaint. Having photos of the disrepair is also highly beneficial, as photographic evidence is much harder to dispute than just your verbal claim on its own . This will help a lot when your solicitors get your claim. If the claim has been proven, a court order will be issued in favor of the tenant and the landlord will be required to fix and pay for the damages within a particular period of time.




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