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Sending my Landlord Pre-Action for unrepaired roof - do I need experts to inspect?

7 replies

SuperlativeScrubs · 19/01/2021 19:27

Long story short, over a year ago (2019) and multiple times since then I reported to my landlord that the roof had leaks in it causing damp patches to form and get bigger on my upstairs ceilings (we have no loft or partition between the ceiling and roof). I have a HUGE email and communications chain dating back to literally the day I moved in to the present date containing all the evidence.

Landlord finally got quotes last month and this week and has come back saying he will not do repairs, only patch over the plaster on the inside of my home. So now, as per Citizens Advice, I am completing a Pre-Action Protocol for Housing Conditions Claims to give my Landlord 20 days notice before I take legal action against him.

My question relates to:

(c) In some cases, it might not be necessary to instruct an expert to provide evidence of the housing conditions, for example, if the only issue relates to the level of any damages claimed. It may be advisable for tenants to take photographs or video footage of any defects before and after works.

My intentions are to seek compensation from the landlord, prevent his proposed rental increase (for which I also sent a separate request two weeks ago relating to these issues) and for him to carry out the works required and not just patch over the problems like he (badly) did before I moved in.

Any help greatly appreciated!

OP posts:
Lineofconcepcion · 20/01/2021 01:01

Why have you not asked Environmental Health to serve an enforcement notice? I think that may be the first question a DJ will ask.

SuperlativeScrubs · 20/01/2021 10:45

I have already reported it to the Private Rental Housing Team.

OP posts:
Lineofconcepcion · 20/01/2021 11:30

Yes but why aren't they taking action? I suspect because they are not taking action you will find it difficult to get a court to agree a specific performance order without very good evidence. A surveyor's report would be most helpful.

A court does not have the power to prevent the landlord from increasing the rent, you need to use the ADR which has been put in place for that purpose. The rent tribunal is the appropriate place for a complaint re the rent increase.

AppleJumbke321 · 21/01/2021 11:43

If you are unhappy why don't you move ?

Shmithecat2 · 21/01/2021 15:55

@AppleJumbke321

If you are unhappy why don't you move ?
Because its just as easy as that, isn't it?
Shmithecat2 · 21/01/2021 15:57

What is the compensation for OP?

Lineofconcepcion · 21/01/2021 23:39

@Shmithecat2 compensation is appropriate if the tenant has lived in a property where there are issues of disrepair. I don't agree that she should move, the landlord should be properly maintaining the property, but op isn't really going about it the right way.

Environmental health should be contacted with a view of them attending the property go assess the issue. If they believe it warrants an enforcement notice then that will be concrete evidence of disrepair and OP can then use that evidence for a compensation claim against the landlord who if he had any sense he would apologise and offer a couple of hundred. Disrepair is very difficult if there is no experts report. The court might order one, but that has to be paid for, and will cost between £600 and 1k or more depending upon area with the costs probably initially shared between the applicant and landlord. Ops disrepair claim would be somewhere in the low hundreds unless there is fallen ceilings or/and black mould everywhere caused by ingress of water and/or rooms rendered unusable.

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