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Disrepair

Disrepair refers to the condition of a rented property that is not kept in repair as required by the tenancy agreement and the law. Landlords have a statutory duty under the Landlord and Tenant Act 1985 to keep the structure, exterior, and services (heating, water, sanitation) of a property in repair. Tenants can claim compensation for damage caused by disrepair that the landlord has failed to remedy after being notified.

Under Section 11 of the Landlord and Tenant Act 1985, landlords of residential lettings of less than 7 years must keep the structure and exterior of the property, and installations for water, gas, electricity, sanitation, space heating, and water heating, in repair and proper working order. The duty is triggered once the landlord is given notice of the disrepair. Tenants can claim damages for personal injury, damage to belongings, and loss of enjoyment caused by disrepair. The Homes (Fitness for Human Habitation) Act 2018 adds a parallel duty to keep the property fit throughout the tenancy, covering issues such as damp, mould, and inadequate heating. Tenants in social housing can also report conditions using the Housing Health and Safety Rating System (HHSRS), enforced by the local council's environmental health team.

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