Housing Solicitors

Are you living in uninhabitable conditions? Is your landlord failing to remedy the disrepair at your property? The recent Housing Ombudsman report on the state of properties reports that a majority of properties that are managed by social housing providers are continuing to be found uninhabitable or landlords are not taking issues of disrepair seriously, rather choosing to deflect blame on the tenants’ use of the property. After the success of the ‘Everyone In’ scheme to ensure the safety of those who had no accommodation available to them due to the Covid-19 pandemic, not much has changed on the quality of the properties being provided. This only leaves the tenant to be protected from one danger despite the many others they would find themselves in due to the disrepair found in these properties. This normally results in a large volume of untreated mould, damp and condensation which have a profound impact on not only the physical health of the residents but mentally as well, especially children. There is now a greater disparity of trust between landlords and tenants. Despite legislation being in place to address this there is not much progress being made. The report has given the following recommendations for landlords to consider and follow:

• adopt a zero-tolerance approach to damp and mould interventions
• review the accessibility and use of their systems for reporting repairs and making complaints
• improve staff training
• avoid automatically apportioning blame or using language that leaves residents feeling blamed
• treat residents with “respect and empathy"

We are now starting to see some accountability of landlords where enquiries are now being made to ensure action is being taken in a timely fashion. Irrespective of the report, the key obligations of the landlord remain as per the Landlord & Tenant Act 1985, under section 11. This requires the landlord to ensure the structure and exterior of the property is kept in good repair. They must also keep the installations for supply of gas, water, electricity, sanitation, space heating, and heating water in good and proper order. This also means as a tenant, there is an implied term in which the tenant is to grant access to the landlord. The tenant is obliged to give access to the property at reasonable times of the day to allow the landlord/landlord's representative to view the condition of the property following 24 hours' notice in writing, or to carry out repairs following reasonable notice. Regulated and assured tenants are required to give access to the property and reasonable facilities for repairs to be carried out. While there is no statutory obligation on the tenant to respond to the landlord’s notice and grant access in advance, preventing the landlord/landlord's representative from exercising their right to enter on the date specified in the landlord's notice could amount to a breach of contract. With the seriousness of issues being highlighted recently, there is hope that more effective change will take place. As stated by the Housing Director for the Mayor of London, Richard Blakeway we have now reached a stage where both tenants and landlords require "changes in culture, behaviour and approach; from being reactive to proactive, and from inferring blame to taking responsibility." If your rented property falls below a reasonable living standard and is in need of repairs to prevent mould, damp and more, and you believe you might be able to take further action against your landlord, contact our housing team and begin the process of exercising your tenants’ rights. Where legal aid is not available, we may be able to offer a ‘no win, no fee’ basis, also known as a Conditional Fee Agreement (CFA). Author Ovaiz Panwala is a caseworker in the housing department. He has experience working on a variety of cases including homelessness applications / appeals, disrepair, possession and judicial review matters. He works under the direct supervision of housing director Manjinder Kaur Atwal. Contact Ovaiz on 020 3114 1134 or at OvaizP@Duncanlewis.com Contact Manjinder on 020 3114 1269 or at manjindera@duncanlewis.com