MAKE A NEW CLAIM 0333 999 3902
By SheldonDavidsonSolicitors
When a tenant reports damp, mould, leaks or other housing disrepair, the landlord should investigate the cause and carry out repairs where they are responsible.
However, tenants are sometimes told that the problem is their fault. A landlord may argue that the condition has developed because of the way the property has been used, rather than because of an underlying repair issue. They may also dispute when the problem was reported or suggest that repairs could not be completed because the tenant prevented access.
For a tenant considering or already pursuing a Housing Disrepair Claim, this can be worrying. It may raise concerns about whether the claim can continue or whether the tenant could become responsible for repair costs.
A landlord alleging that a tenant caused the damage does not automatically make the allegation correct or prevent a housing disrepair claim. What matters is the underlying cause of the problem and what the available evidence shows.
Tenants can be responsible for damage genuinely caused by themselves, members of their household or visitors.
That is different from deterioration caused by a repair problem for which the landlord is responsible.
For example, damaged plaster might have been caused by an impact. Alternatively, it may have deteriorated over time because water has repeatedly entered through a leak or another defect in the property.
The same applies to mould. How a home is occupied can sometimes contribute to condensation, but recurring mould may also indicate an unresolved problem with the property itself.
The cause therefore needs to be considered properly rather than responsibility simply being assumed.
Landlords have repairing obligations under the Landlord and Tenant Act 1985. These can include responsibility for the structure and exterior of the property and for essential installations such as heating and water systems.
If a landlord claims that damage forming part of a disrepair complaint was caused by the tenant, the evidence behind that allegation should be examined.
Evidence is particularly important where the landlord and tenant disagree about what caused the condition of the property.
Tenants dealing with a false, inaccurate or unsupported allegation should try to preserve a clear record of both the disrepair and what happened after it was reported.
Useful evidence can include:
A single piece of evidence does not necessarily decide the case. The repair history as a whole can be important.
For example, a landlord may later claim that damp resulted from condensation, while earlier records show repeated reports of water entering through an external wall.
Tenants should therefore avoid deleting correspondence simply because it appears repetitive. The history may later help establish when the landlord knew about the problem and what action was taken.
Damp and mould are common areas of disagreement.
A tenant may be told that the way they are using the property is creating too much moisture. In some cases, everyday activities can contribute to condensation.
However, the presence of condensation does not automatically prove that the tenant caused the problem.
Recurring Damp and Mould may instead point to a problem with the property. The source could be a leak, ineffective ventilation, poor insulation or another defect that requires investigation.
The Housing Ombudsman has also warned social landlords against automatically attributing damp and mould to a resident's “lifestyle”. The underlying cause should be properly investigated rather than blame being assumed.
This can be particularly important where a tenant has repeatedly cleaned mould or followed advice from the landlord, only for the problem to return.
Cleaning or painting over mould may improve its appearance temporarily. It will not necessarily resolve the problem if an underlying defect remains.
A landlord may argue that repairs could not have been carried out because they did not know about the problem.
This is why evidence of repair reports can be so important.
Emails, messages and repair portal submissions can help establish when the landlord became aware of the condition. Complaint correspondence and repair reference numbers may also help build a clear timeline.
If most reports were made by telephone, any available call records can still be useful. Where a problem is ongoing, following telephone conversations with an email summarising what was discussed can create a clearer written record.
Tenants considering a housing disrepair claim should continue reporting unresolved problems rather than assuming earlier reports will always be sufficient.
Tenants normally need to allow reasonable access for inspections and necessary repairs after appropriate notice.
However, a landlord saying that access was refused does not necessarily mean that this is what happened.
Appointment records may show that access was offered but contractors failed to attend. They may also show that visits took place without the underlying problem being resolved.
Keeping messages about appointments and cancellations can therefore be particularly useful where access later becomes disputed.
The key issue is the actual history of what happened rather than the landlord's description of it.
In some cases, photographs and repair records will not be enough to determine why a defect has occurred.
This is often the case where the landlord attributes a problem to tenant behaviour but the tenant believes there is an underlying defect.
Appropriate expert evidence may then be required.
An expert may be able to inspect the property and give an opinion on whether the defect is structural, how it developed and what is likely to have caused it.
This can help distinguish between genuine tenant damage and deterioration resulting from a problem with the property.
A contractor employed by the landlord may already have given an opinion about the cause. That opinion can form part of the evidence, but it does not necessarily prevent the issue from being investigated further where there are reasons to question the conclusion.
Tenants sometimes worry that they cannot challenge an allegation because they did not photograph the problem when they first moved into the property.
Historic photographs can be helpful, but they are not the only form of evidence.
Repair reports, correspondence and later photographs may still help establish how the problem developed. Inspection records and the physical condition of the property can also be important.
Where appropriate, an expert may be able to give an opinion about the likely cause of a defect based on an inspection.
A lack of one particular type of evidence does not necessarily mean that a housing disrepair claim cannot be considered.
A useful way to assess an allegation is to consider four questions:
These questions help move the dispute away from accusation and towards evidence.
Under Section 11 of the Landlord and Tenant Act 1985, landlords of relevant properties have repairing obligations concerning the structure and exterior of the property. They are also responsible for certain essential installations, including those relating to water, sanitation and heating.
The Act also contains fitness for human habitation duties introduced through the Homes (Fitness for Human Habitation) Act 2018.
These duties do not mean that a landlord is responsible for every type of damage inside a rented property.
However, where deterioration has resulted from an issue that falls within the landlord's repairing obligations, responsibility cannot necessarily be transferred to the tenant simply by describing it as tenant damage.
The facts, repair history and cause of the defect all need to be considered.
A strong housing disrepair claim usually needs to tell the complete story rather than relying on a photograph of the defect alone.
There should first be evidence of the condition itself and of when the landlord became aware of it.
The landlord's response then needs to be considered. This includes whether inspections took place, whether repairs were attempted and whether the underlying problem remained unresolved.
Where the landlord alleges that the tenant caused the damage, evidence concerning the cause becomes particularly important.
The impact on the tenant and household may also be relevant. This can include the effect the problem had on the use and enjoyment of the home, together with any financial or health consequences supported by appropriate evidence.
A useful way to think about the claim is:
Condition + Landlord Knowledge + Cause + Response + Impact
Where those elements can be supported by evidence, the landlord's allegation can be considered in its proper context.
Where a landlord continues to allege that the tenant caused the disrepair, the tenant should continue preserving evidence and avoid accepting responsibility where the cause is genuinely disputed.
It may also be appropriate to use the landlord's formal complaints procedure.
Social housing tenants may be able to escalate unresolved complaints to the Housing Ombudsman. In some cases, local authority environmental health teams may also be able to investigate serious housing hazards.
Legal advice may become appropriate where significant disrepair remains unresolved or where allegations of tenant damage are being used to challenge an existing or proposed housing disrepair claim.
Tenants may understandably worry that a landlord's records or contractor reports mean there is little point challenging the allegation.
That should not automatically be assumed.
The relevant question is whether the landlord's explanation stands up when compared with the full repair history and the available evidence.
If a landlord is claiming that a tenant caused damage that may actually have resulted from unresolved housing disrepair, SDS Solicitors can assess the circumstances.
The Housing Disrepair team can review repair reports, photographs and correspondence before considering what further evidence may be needed to establish the cause of the problem.
Where the circumstances support a valid Housing Disrepair Claim, SDS Solicitors can assist with pursuing necessary repairs and appropriate compensation.
Eligible claims can be handled on a No Win No Fee basis, with the terms explained clearly before the claim proceeds.
SDS Solicitors supports tenants throughout England, including Manchester, Ashton, Bury, Bolton, Radcliffe, Prestwich, Middleton, Failsworth, Rochdale, Oldham and Whitefield.
If a landlord is blaming a tenant for housing disrepair and the allegation does not appear to reflect what actually happened, speak to SDS Solicitors to find out whether the claim can be investigated further.
