Foreign Property News | Posted by Aye Myat Thu
MORE renters than ever before will be able to take their landlords to court over problems including cold and damp homes from next month.
Around 1.4 million people are currently living in poor quality properties, according to latest figures from the Ministry of Housing, Communities and Local Government.
But under the Homes (Fitness for Human Habitation) Act, tenants have more power to sue for compensation if their homes aren’t up to scratch.
The new ruling first came into effect in March 2019 but only covered tenancies starting from that month onwards, along with renewals after this date.
As of March 19, 2020, it will also apply to all existing periodic tenancies, including social housing, in England.
Before the new legislation, private renters would need to rely on their local council to investigate poor conditions.
How quickly should repairs be fixed?
THE time a fault should be fixed depends on the severity of the issue.Under the Act, landlords are expected to resolve problems as soon as possible.
But they will be given a "reasonable amount of time" to deal with any issues.
It's up to the court to decide what this means in practice.
Landlord associations generally advise that if there is a "significant risk of danger to the health, safety or security of a tenant" then the issue must be resolved within 24 hours.
This can include issues such as mould and pest infestations, poor ventilation, hazards in the home and problems to water supply.
In fact, there are up to 29 issues in total that could apply to the new ruling, as set out in the Housing Health and Safety (England) Regulations 2005.
Courts will decide whether a home is suitable and safe to live in based on if any of these points apply.
If the court deems a property to be unfit for purpose, the rules will force landlords to carry out repairs or to rectify problems.
Should they fail to do so, renters will have the power to take them to court to fix the issues.
Courts can grant an injunction forcing the landlord to carry out works or award compensation to the renter.
Tenants will have to pay for the court fees themselves though, unless they are entitled to free legal aid.
Ref: Property Report
