Tuesday, 21 May 2013

Making a Claim for Housing Disrepair

By Jocelyn Dela Cruz


A secure and safe environment is what everyone is looking for, especially when it comes to renting or leasing a house or any other property. Naturally, a risk-free estate provides comfort and security. It assures that the tenants won't come to any harm as a result of bad housing, leading to contentment and less worry. Moreover, it creates a good relationship between the landlord and the tenant. There are many cases where the property is poorly maintained and the tenants are therefore dissatisfied, leading to claims filed against their landlord because of housing disrepairs. So it is essential that the landlord do his part in maintaining his property.

For every rented space (e.g. houses, apartments), the landlord has the responsibility of ensuring that his tenants are safe in using his property. He has an obligation to keep the estate in good condition. He is expected to take care of repairs to the property's interior areas and exterior areas. The interior areas include baths, toilets, sinks, water lines, gas pipes and electrical wiring. Exterior areas involve the fixing of the walls, roof, drains, gutters and window frames. If it is a big estate, things such as garden paths and steps are also included in the exterior. Home systems such as heaters or air conditioners must also be checked to ensure the wellbeing of the tenants.

Every once in a while, things will break or otherwise get too old to be safe, and repairs or replacements must be made. It is important to bear in mind, however, that the landlord cannot be expected to do all the routine maintenance. Minor repairs such as keeping the compound clean or beautification of the place can be done by you. But if important details are being ignored by your landlord, then you have the right to say something about it. Problems such as leaking roofs, pipes or mold infestations should move you to call and notify your landlord. Keeping such problems unattended can cause either sickness, injuries or even death to you and those of your household.

Letting your landlord know is the first thing you should be doing. Make him realize the extent of the problem and give him time to take action. The law declares that a landlord should take appropriate measures within 21 days after notification. Keep in mind, though, that even if the landlord provides only a temporary solution to the problem, it is considered lawful as long as the tenant's complaint is served. If 21 days pass and the problem has not been settled, then legal action should be taken. If the problem caused accidents and injury, then you can bring along with you a claim in personal injury and be compensated. The most common health problems that come about from damaged housing include viruses, flu, colds or infections.

A 6-year limitation period is set for claiming housing disrepair and receiving compensation. This starts from the first day that you are made aware of the disrepair. This limitation is cut to 3 years when injuries have happened. Claims made after these limitation dates will no longer be considered by the court.

Keeping a copy of your complaint is important. It will help you and your solicitors a lot when making your claim. It is also favorable for you to take and keep photos of the housing disrepair, since photos are harder evidence than the mere 'he-said, she-said' of verbal claims. If the case has been built and has been proven in court, the court will issue an order in favor of the tenant and will require the landlord to compensate and take care of all the damages within a certain time frame.




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