Disrepair

Taking action to get the repair done

Advice agency or solicitor
If you have been unsuccessful in getting your landlord to carry out the repair, or to compensate you, then you could contact a local advice agency [see Useful Contacts].

If the matter is more serious then you may wish to instruct a solicitor [see Useful Contacts].

You should note that you cannot get public funding (legal aid) for minor disrepair cases under a value of £1,000.

The Courts
Most actions for disrepair are regarded as civil, not criminal, matters and are heard in the County Court.

There are exceptions, for instance, see the section on the Environmental Protection Act 1990.

The County Court also has the power to award damages [the Magistrates Court does not].

Therefore, the majority of actions taken by individual tenants are in the County Court. In the main, action for disrepair in the Magistrates Court is taken by Local Authorities.

County Court
Depending on the severity of the disrepair, or the size of your claim for damages, your case will either be heard in open court or in the small claims court.

If the cost of the repair is greater than £1,000, or the value of any claim for damages is greater than £1,000, then the case will be heard in the full County Court.

Legal aid is available depending on the validity of your case and subject to a means test.

The County Court can make a number of different orders:

a) Mandatory Injunction
A mandatory injunction, or an order for specific performance, is an order forcing the landlord to carry out the work within a specified time.

b) Interlocutory Injunction.
If urgent action is required to prevent further harm to the tenant, the court might make an interim or interlocutory injunction. An example of this would be an order to restore heating or hot water.

c) Statutory Declaration
The court can also make a statutory declaration that the tenant has the right to carry out the repairs and deduct the cost from the rent.

d) Damages
The court can also make an order for damages [see Am I entitled to compensation?].

Small Claims in the County Court
If the cost of the repair is less than £1,000 and the value of any claim for damages is less than £1,000, then the case will be heard in the small claims court.

The small claims court is part of the County Court system, designed to be less formal and easier to use.

The purpose of the small claims court is for ordinary people to resolve minor civil disputes themselves, such as disrepair, without the need to resort to solicitors.

The hearing is held in a side room rather than open court. The plaintiff and defendant sit with the Judge or Registrar around a table and the whole matter is dealt with much less formally than in open court.

There is a court fee on issuing proceedings and another should a hearing prove necessary. These fees are recoverable from the landlord should you win your case. Neither party can claim legal costs for representation.

The court form is relatively straight-forward. You need to fill in a basic outline of what occurred; why your landlord is liable; any damages you have suffered and what compensation you are seeking. In order to substantiate your claim, you will need to provide supporting documentation and evidence [see 3. Notifying the Landlord].

Further information on the court service, including court application forms, is available on the court service website:

www.hmcourts-service.gov.uk

Alternatively, you can get the information and forms that you require directly from your local court itself. For residents of Kensington & Chelsea, the case will either be heard in the Central London County Court, or West London County Court [see Useful Contacts].

HASKC do not generally represent in court, but can advise on the procedure and making the application.

Off-setting the cost of the repair against the rent
Strictly speaking your right to repair and your obligation to pay the rent are completely separate.

However, in some instances it is possible to pay for the repair yourself and to deduct the cost from the rent.

It is advisable to follow a set procedure established in the case of Lee-Parker v. Izzet. This is because your landlord could bring possession proceedings for rent arrears. Your defence would be a counter-claim for damages for disrepair for the same amount. The procedure is as follows:

a) Notify the landlord of the repair [preferably in writing]
b) Allow a reasonable period for the landlord to do the repair
c) Obtain 3 estimates
d) Supply copies of the estimates to the landlord and advise of intention to do repair, if not done within a reasonable time
e) Once the work complete, ask for reimbursement of invoice
f) Failing that, deduct cost from rent

If you are thinking of following this procedure then it is recommended that you first seek advice [see Useful Contacts].

Environmental Health Department
Every Local Authority has a legal duty to ensure that housing in the local area is safe and fit for human habitation. This duty is carried out by the Environmental Health Department.

If you are a private, or housing association tenant, you can report disrepair to the Environmental Health Department.

However, council tenants (TMO managed properties) cannot use the service, as it is part of the council and therefore, cannot take legal action against itself.

The Environmental Health Department has wide ranging powers to enforce repairs and general standards of safety. They can serve statutory notice on your landlord requiring the repair to be done within a certain time. If the landlord fails to do the repair within the specified time, they have the power do the repairs and charge the landlord.

The Environmental Health Department have the power to prosecute landlords who are in breach of safety standards. Where the management of a property has been neglected, they can take over the day-to-day running of a property for a period of time. If the situation is very bad then the council have powers to compulsorily purchase the property.

Under certain circumstances, the Environmental Health Department can also arrange for essential supplies to be reconnected.

For instance, you may live in a house in multiple occupation and pay the landlord directly for your gas and electricity supply. Your landlord would then be responsible to make sure the fuel suppliers are paid and if he or she fails to do so then the supply could be cut off. In such a case, the Environmental Health Department would get the supply reconnected.

If you live in Kensington & Chelsea you should contact:

RBKC
Environmental Health Department
37 Pembroke Road
London W8 6PU
Tel: 020 7361 3002
Fax: 020 7341 5234
Tel: 020 7361 3484 Out of office hours emergencies

Right to Repair Scheme
This scheme is only available to council tenants (TMO managed properties).

The Right to Repair Scheme is part of the Tenants' Charter. It is designed to compensate tenants when minor repairs are not done within previously set time limits.

Minor repairs are considered to be any repair up to a value of £250. The maximum compensation is £50.

Registered Social Landlord Repair Policy & Complaints Procedure
Every Registered Social Landlord [RSL], including the council's properties run by the Tenants' Management Organisation, has its own policy dealing with repairs. The policy will set out the RSL's target times to remedy the problem and what they will do if they fail to do so. If you are a tenant of an RSL then their policy is available on request.

If you are unsatisfied with the way that your disrepair has been dealt with then you use the Complaints Procedure.

Ombudsman
If you are a council tenant, or housing association tenant, and have exhausted your landlord's Complaints Procedure, then you have the further option of making a complaint to the Ombudsman.

The Ombudsman investigates complaints of excessive delay or maladministration. The Ombudsman can recommend work to be carried or awards of compensation.

If you are a council tenant you should complain to the Local Government Ombudsman [see Useful contacts].

If you are a housing association tenant you should complain to the Independent Housing Ombudsman [see Useful contacts].

Local Councillor
You can always ask your local councillor to assist with any disrepair problem but they have more power of influence if you rent from a council or a housing association. Local councillors can often bring pressure to bear to speed a repair or resolve a dispute.

You can obtain the details of your local councillors by contacting the Town Hall [020 7937 5464] and telling them where you live.

Publicity
If all else fails then you could seek to publicise your housing conditions in the local press.