At the moment there are two options if you get no joy from your landlord after asking for serious repairs or maintenance issues to be solved, or you think your property is falling into serious disrepair and features problems that are hazardous to your health.
Either report the property to your local council’s environmental health team or take the landlord to court.
But that’s all about to change.
The government has revealed that it wants to set new quality standards for rented homes and give tenants extra rights to sue their landlord if they don’t comply. This will, most likely, be policed via a new ‘housing court’ that will deal with disputes quickly and cheaply when tenants and landlords fall out.
They will be achieved with new legislation which has support from both ends of the political spectrum. It's a Private Members' Bill introduced by Labour MP Karen Buck but supported by the Conservative government.
At the moment, tenants can sue their landlord if important parts of a property are in disrepair (see below) but once the new law is passed, key safety features such as fire prevention equipment and proper ventilation will also be included in what lawmakers will consider a ‘minimum standard’.
Housing campaigner and MP for Westminster North Karen Buck says her legislation, which stands a good chance of becoming law this year, is largely a direct response to the Grenfell Tower tragedy. Her new law will address the issues of fire safety, risk and tenants’ rights that the inferno highlighted.
But the problem is much wider. The most recent English Housing Survey revealed that 756,000 properties in England and Wales, of which a third have children living in them, feature hazards that are a huge risk to their tenants’ health. Housing charity Shelter reckons up to three million people live in properties like this.
The new rules will allow tenants to force landlords to make improvements to their home when their local council is unable or unwilling to do so.
What can you do now
Until Karen Buck’s Private Members Bill becomes law, here’s what tenants can do under existing arrangements.
Complain to the council
Tenants should tell their landlord about the problem and ask for it to be sorted out.
If they get no joy then they should contact their local council’s environmental health team and ask them to pay a visit and complete a hazard check.
Environmental health officers will look for dangerous problems such as damp, condensation, mould, pests, vermin, broken glass, dodgy stairs, unsafe electrical and gas installations and drainage or sewage problems.
After an inspection, the council can then serve three levels of enforcement notices starting with a hazard awareness notice, then an improvement notice and lastly - for emergency situations - a prohibition order.
If your landlord is asked to improve the property or make emergency action, then you cannot be evicted for up to six months. This is prevent so-called ‘revenge evictions’ where landlords kick tenants out rather than make the improvements to a property.
If that doesn’t work, sue the landlord
If the council can’t or won’t help or your landlord still refuses to do the repairs or completes them badly, then it’s time to begin gathering evidence including any paperwork, photographs, receipts for money you’ve had to spend and medical reports if your health has been affected.
Tenants should then send their landlord a letter (or email them) giving them 20 days to do the work - unless it’s very urgent - and let them know legal action is being considered.
After 20 days, tenants should fill in an N1 claim form to being legal action.
http://formfinder.hmctsformfinder.justice.gov.uk/n1-eng.pdftext
Unless the repairs are going to cost more than £1,000 or the compensation exceeds £10,000 then the claim is likely to be dealt with via a small claims court.
A court hearing date will be set, which both sides should attend. If the court finds in the tenant’s favour, it can order the landlord to carry out the work and/or pay the tenant compensation.
If the landlord still does nothing, they risk going to prison.
If you feel unsure about taking legal action against your landlord, or you need support, speak to the experts at your local Citizens Advice centre or talk to a solicitor.
