Structural defects

Structural Damage

Structural defects in housing refer to issues with the building’s framework, such as cracks in walls, foundation problems, subsidence, roof leaks, or unstable floors. These defects can pose serious safety hazards, potentially leading to property damage or even making a home uninhabitable. Common causes of structural defects include poor construction, age, weather damage, or lack of proper maintenance.

 

In cases of housing disrepair, landlords are responsible for maintaining the structural integrity of the property. If tenants report structural defects and the landlord fails to make necessary repairs, tenants may be eligible for compensation. These defects can affect the safety and livability of a home, and legal action can be taken to enforce repairs and seek compensation for any damages, inconvenience, or health risks caused.

Asbestos

Exposure to asbestos dust poses a serious threat to health. The presence of asbestos itself is not necessarily a risk, but the main danger is when fibres become loose due to an item containing it being broken or damaged. It has been used extensively in the construction of blocks of flats and is often found in pipe lining and lagging.

Plumbing problems (e.g., leaks, broken pipes)

Plumbing problems in housing disrepair include issues such as leaking pipes, blocked drains, faulty toilets, or malfunctioning sinks and showers. These problems can lead to water damage, dampness, mold growth, and unsanitary living conditions. In severe cases, plumbing failures may cause flooding, property damage, or render essential facilities like bathrooms and kitchens unusable.

 

Landlords, including housing associations and councils, are legally responsible for maintaining proper plumbing systems in rental properties. If a tenant reports plumbing issues and the landlord fails to address them within a reasonable timeframe, the tenant may be entitled to claim compensation. Legal action can also be taken to enforce repairs, especially if the plumbing problems have caused damage to the tenant’s property or posed health risks.

Electrical hazards

Electrical hazards in housing disrepair refer to issues such as faulty wiring, exposed electrical components, malfunctioning sockets, and outdated electrical systems. These problems can pose significant risks, including electric shocks, fires, and power outages. Electrical hazards are particularly dangerous as they can lead to serious injury or damage to the property if left unresolved.

 

Landlords, including councils and housing associations, are legally required to ensure that the electrical systems in their properties are safe and well-maintained. If tenants report electrical issues and repairs are not made in a timely manner, the tenant may be eligible to claim compensation. In addition to compensation for any damage or harm caused, legal action can also be taken to ensure that the necessary repairs are enforced, ensuring the tenant’s safety and well-being.

Condensation

Condensation dampness arises when a property is unable to deal with the amount of water vapour being generated. The presence of condensation can cause mould growth, excessive humidity and insect infestation. As previously mentioned in relation to asthma, mould growth poses a significant threat to health. The law did not previously cover condensation unless it was caused by disrepair. Recent changes to the law which came into force 20 March 2020 mean that legal action can be taken for condensation rendering a property unfit for human habitation. Therefore condensation caused by design defects affecting many buildings, particularly tower blocks and maisonettes can be rectified and compensation secured.

Damp and Mould

Damp and mould are common issues in housing disrepair that can significantly affect a tenant’s health and quality of life. Damp typically arises from poor ventilation, leaks, or inadequate heating, leading to excess moisture inside the home. This, in turn, creates an environment where mold can thrive. Mold is not only unsightly but can also pose serious health risks, especially for individuals with respiratory conditions like asthma.

 

In cases of housing disrepair, landlords (including councils and housing associations) are legally responsible for addressing damp and mold problems if they have been reported and not resolved within a reasonable timeframe. Failure to fix these issues can result in claims for compensation, as well as legal action to enforce repairs, especially if the damp and mold have led to health problems or property damage.

Broken or unsafe heating systems

Broken or unsafe heating systems in housing disrepair can lead to inadequate warmth, particularly during colder months, and may result in health problems such as respiratory issues, hypothermia, or worsened conditions for vulnerable individuals. Faulty boilers, malfunctioning radiators, or central heating systems that do not work properly can also cause financial strain due to higher energy costs.

 

Landlords, including housing associations and councils, have a legal obligation to ensure that heating systems are functioning and safe. If tenants report issues with heating and the landlord fails to make timely repairs, the tenant may be entitled to claim compensation for the inconvenience, discomfort, and any health impacts. Legal action can also be taken to enforce repairs, ensuring that tenants have access to safe and adequate heating in their homes.

General neglect

General neglect of a property refers to the failure of landlords, including councils and housing associations, to carry out regular maintenance and repairs. This neglect can result in a wide range of issues such as damp, mold, broken fixtures, unsafe wiring, plumbing problems, and structural defects. Over time, neglect can severely impact the safety, comfort, and livability of a home, leading to health risks and damage to the tenant’s belongings.

 

Landlords have a legal obligation to maintain their properties in a safe and habitable condition. When general neglect is reported and landlords fail to address the issues in a timely manner, tenants may be entitled to claim compensation. Legal action can be taken to enforce necessary repairs and ensure that the property is brought up to an acceptable standard, protecting the tenant’s health and well-being.

Fire and smoke

Landlords are required to maintain existing fire escapes and if there is a risk to health and safety then legal action can be taken to resolve the problem. Cladding used for insulation can constitute a serious fire hazard and result in tragedies such as the Grenfell Tower disaster.

Gas safety

Gas supply and appliances are a significant danger to health and poorly fitted or defective fittings and appliances can cause carbon monoxide poisoning. If there is a risk to your safety then extensive measures can be taken to enforce repairs or remove all occupants from the affected property. If you suffer injury or a significant risk of injury then this can constitute a criminal offence and severe penalties imposed.

Pest Infestations/Vermin

Pest infestations in housing disrepair involve the presence of rodents, insects, or other pests such as mice, rats, cockroaches, or bedbugs. These infestations can lead to unsanitary living conditions, health risks (such as allergies, infections, or asthma), and damage to personal property. Pests often thrive in poorly maintained homes with cracks, gaps, or other structural defects that allow them to enter.

 

Landlords, including councils and housing associations, are responsible for addressing pest infestations if they are a result of disrepair or poor property maintenance. If tenants report an infestation and the landlord fails to take appropriate action, tenants may be eligible to claim compensation. Legal action can also be taken to ensure that the landlord addresses the infestation and repairs any underlying issues that caused it, restoring a safe and healthy living environment for tenants.

Poor Insulation

In multi storey blocks of flats, problems are often caused when rubbish chutes and bins are not cleared of refuse. Aside from being unpleasant, this can also attract vermin which is prejudicial to health. If this poses a threat to your health or renders your property unfit for human habitation then legal action can be taken.

Landlords are responsible for maintaining a safe and habitable living environment, and this includes ensuring adequate insulation. Under the Homes (Fitness for Human Habitation) Act 2018, landlords must keep properties energy-efficient to an acceptable standard. Good insulation helps maintain reasonable warmth and prevent issues like damp, ensuring tenants’ comfort and reducing unnecessary energy expenses.

Unsafe Flooring

Unsafe flooring includes damaged, loose, uneven, or broken floorboards, tiles, or carpeting that pose a risk of tripping, slipping, or injury. Such issues are often more than just inconveniences; they present genuine safety hazards, especially for vulnerable tenants like children, elderly residents, or individuals with mobility challenges. When flooring is in disrepair, it can contribute to serious accidents, making it essential that it is adequately maintained.

Landlords have a legal duty to ensure their property is safe and suitable for tenants. This responsibility extends to keeping flooring in a safe condition, as it directly impacts the tenant’s safety and wellbeing. Under the Landlord and Tenant Act 1985, landlords are required to maintain the structure and exterior of the property, which includes floors and surfaces that tenants regularly use.

Blocked Drains or Sewage Issues

Blocked drains or sewage issues in a property can lead to unpleasant odors, water backup, or even sewage overflow, creating unsanitary and unsafe living conditions. These issues can attract pests and increase the risk of health hazards, including exposure to bacteria and mold growth, affecting the wellbeing of all residents.

Under the Landlord and Tenant Act 1985, landlords are legally responsible for maintaining drainage and sewage systems to ensure a safe and habitable environment. Blocked drains and sewage problems are typically considered structural or utility issues, which landlords must address promptly. When landlords fail to repair or maintain these systems, tenants may experience significant discomfort and potential health risks, which the law considers a breach of the landlord’s duty of care.