Tuesday, May 21, 2013

Claiming 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.

The first thing to do is let your landlord know about the problem. It may be that the landlord had simply not noticed it, so calling his attention is a must. After you've taken this first step, wait for your landlord to act. Let 21 days pass and, if the issue has still not been addressed, legal actions should be taken. You can now claim a housing disrepair. If injuries or health problems are involved, then bringing a personal injury claim with you alongside your housing disrepair claim will be essential. Health problems like the flu, viruses and colds can be caused by certain types of disrepair, and there are compensations for it.

An important thing to note is that a 6-year limitation date is set for housing disrepair claims. This period runs from the first day that you are made aware that there was a disrepair in the premises of the rented property. If personal injury has happened due to the disrepair, the limitation date is cut down to 3 years. This means that after 3 years, your claim is no longer viable.

Getting compensated for housing disrepairs depends on how strong the case is. That's why it is so important to keep valuable documents such as your housing disrepair complaint. Having photographic evidence is also a big help. If proven in court, an order will be issued in favor of the tenant. The landlord is then expected to pay and compensate for all the damages done within a particular period of time.




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