Bexleyheath, Blackheath & Petts Wood
A landlord who is letting out residential property has a legal obligation to keep the exterior and structure, including drains, gutters, external pipes, gas, water, electricity and heating and water-heating supplies, boilers, sinks, baths and toilets, in a state of good repair. Failure to do so could result in court proceedings by the tenant to obtain an order forcing the landlord to do the repairs, but also for an order for damages as a result of the inconvenience or damage to health.
The most common disrepair problems are dampness, an infestation of pests and vermin and leaking or blocked pipes.
The landlord cannot contract out of this obligation. There is usually a term in the tenancy agreement setting out these obligations. If there is not the obligation is implied under the Landlord and Tenant Act 1985.
The tenant is usually responsible for the internal decoration, although this will depend upon the terms of the tenancy agreement/lease. If the tenant is in breach of this duty then the landlord will not be responsible for any repairs resulting from the tenant’s breach.
It is therefore important to be sure about which party is responsible for the repairs from the outset. If it is not clear then there could be costly legal proceedings to resolve problems that arise later on. At Aletta Shaw, we can advise you concerning your obligations and if necessary appoint appropriate experts, so that proceedings can be avoided altogether. If proceedings are inevitable, we can ensure that the pre-action protocol is properly adhered to and your case is properly argued in court.
If you are faced with a disrepair claim it is important to contact our Disrepair Solicitors early on so that we can help you avoid a costly court application. If you have a disrepair issue please call us on 0208 301 4884 or email us on firstname.lastname@example.org