Housing Solicitors

Ideally, if you rent housing in the UK the relationship you have with your landlord will be a good one, and you will enjoy a tenancy that provides you with everything you are paying for. However, such scenarios are not always the case. As experienced housing solicitors, the team at Pearl Lemon legal knows that legal issues between landlords and tenants are far more common than they should be.

Among the many things for which tenants might sue landlords are wet and cold dwellings. If your landlord fails to do necessary repairs or maintenance, you may also file a lawsuit against them, and if necessary repairs are not made, an injunction may be imposed. Many consumers look to landlords for reimbursement for mould.

Around 2.5 million individuals in the UK are said to reside in rented homes that are unfit for human habitation, according to the charity Shelter.

This is frequently attributable to the 1985 statute that gave local authorities the task of looking into living conditions. Due to staffing shortages and budget constraints, many local governments found it difficult to police the regulations, which essentially permitted landlords to cut corners on property maintenance and repairs, sometimes leaving tenants to bear the bills and live in less than ideal accommodations.

The 1985 statute was modified by the Fitness for Human Habitation Act, and landlords are now once again fully responsible for the property they are renting out. The property must be fit for its intended use and suitable for habitation at all times during the tenure, and it is their responsibility to ensure that it is. This covers concerns like ventilation, dampness, cold, and problems that go beyond simple fixes.

These are far from the only issues that you may need to consult housing solicitors, though, although such cases are among those we most frequently take on as experienced housing solicitors here at Pearl Lemon.

What Can a UK Landlord Be Sued For?

There are now a number of issues that landlords must pay far closer attention to, and when neglected or violated that a tenant may take legal action over. These include (but are not limited to) all the following. If you are unsure of an issue you’re experiencing with a landlord, or at your rented property, a Pearl Lemon Legal housing lawyer should be able to clarify your position if consulted.

– Spreading dampness and mould proliferation

– Issues with inconsistent hot and cold water supply

– Excessive heat or cold as a result of malfunctioning heating systems.

– Exposure to dangerous – and illegal – substances such as asbestos

– Carbon monoxide exposure

– Electric risks and Fire risks

– Radiation from leaking equipment or from gas pipes.

– Neglected building or structural work that causes a structure to become unstable or in poor condition.

– Serious plumbing problems, such as a lack of proper toilet or bath drainage or flooding in loft or basement spaces.

– Security concerns, including a front door or back door without a functioning lock

– Shower or bath situations that are risky, such as a damaged shower floor.

– Having trouble cooking or washing your hands properly when using the kitchen, which makes the space unsanitary. This may occur as a result of a poorly draining sink, lack of water supply, unsafe appliances, uneven flooring and more.

Landlords and Deposit Protection Issues

Tenants may also take legal action against a landlord whom they believe has not protected their deposit.

If you have an Assured Shorthold Tenancy and have rented any type of property from a private landlord, you may be qualified to file a no-fee claim for damages against them as well as a claim for up to three times the initial deposit if that deposit is not properly returned when the tenancy ends.

At the beginning of your tenancy, when you lawfully provide your landlord a deposit, they are required to put that deposit into one of three authorized deposit protection schemes within 30 days of receiving it. They are not, under any circumstances, simply allowed to put it in their bank account, as might be the case for standard rent payments.

The tenancy deposit programs that have received government approval are maintained to try to ensure that you will receive your money back when you;

Follow the guidelines in your tenancy agreement.
Have not harmed or damaged the property
Have paid all rent and expenses laid out in writing in your tenancy agreement.

If a landlord has not upheld their legal commitments to you, the tenant, things between you usually quickly become tense. And while they may (and should) be aware that you are entitled to a return of your deposit should you vacate the property, it is not unusual for a landlord to presume a tenant is ignorant of their legal rights and attempt to keep it.

You might wish to file a claim in this situation to ensure that you receive the money you are due, and, in some circumstances, an additional amount equal to up to three times the original deposit amount. The fact is that most landlords have solicitors working hard for them, and you, as a tenant, should have the same. Our housing law solicitors will do that.

What Can't a Landlord Be Sued For?

The UK housing laws are designed to protect both landlords and tenants, and there are certainly things that you cannot sue your landlord for, even if they seem unfair. The most common of these include:

Any issues brought on by your actions as a renter, including any negligent or criminal actions.

Uncontrollable by your landlord circumstances like an accidental fire, flood, or natural disaster.

Any problems you may have with furniture that was left on the premises by a former renter and wasn’t listed in an inventory at the start of your lease.

In other instances, a landlord could want to do work for you but be unable to due to opposition from other parties and the need for numerous planning permits. In this case they usually cannot be sued, but the other parties might be held liable.

What Do I Need to Sue My Landlord?

With the help of our housing solicitors, many tenants have received the favourable outcomes they were hoping for in their disputes with their landlord. As our team are alternative dispute resolution specialists as well as experienced housing lawyers, this can often be achieved without the need to enter into an expensive, time-consuming and stressful court case.

There are some things, however, that you will need to do to help ensure that any legal action brought against your landlord is successful:

The first step in solving any problem in a rented home is to inform your landlord of the situation. Ideally, they would take your complaint seriously and fix the problem, and you won’t need housing solicitors at all.

The types of repairs that the landlord is responsible for, and the amount of time they are allowed in order to make them, should be specified in your tenancy agreement or contract, so check it first. Then follow these steps as they apply to your situation.

Gather proof of the damage, the needed repairs or other issue to make sure your landlord is aware of the problem(s), and send photos as needed.

Contact your landlord or letting agent and let them know exactly what’s wrong. It is best practice to put this in writing so that you have a record of it, however it can be done verbally as well. However, relying on verbal communication can be murky from a legal standpoint, so the more written communication, the better.

Keep proof of any correspondence – this includes text messages, emails and even letters to your landlord. If you can only communicate verbally, keep your own notes as to the time, duration and content of those discussions.

Make sure you save the doctor’s notes if the property’s issues have made you sick or injured you. If the illness or injury led to you incurring extra expenses, keep all receipts of those too.

Make sure to save the receipts for everything you paid for in case you feel compelled to perform the repairs yourself because waiting for a landlord to act would in some way make the problem worse.

After following these steps, contact a housing lawyer like the specialist housing solicitors on the Pearl Lemon Legal team. They will be able to help determine if you have a legal case, and if so, what the best way to proceed will be, including whether they can represent you on a no win, no fee basis.

Housing Solicitors FAQs

What can I sue my landlord for in the UK?

As a tenant, you can sue your landlord for several issues, including neglecting building or structural work that results in a structure becoming unstable or in poor condition, spreading dampness and mould proliferation, problems with hot and cold water supply, sanitary issues in the kitchen, plumbing problems, malfunctioning heating systems, exposure to dangerous substances like asbestos, security concerns, fire risks, and not protecting your deposit.

What can't a landlord be sued for?

There are circumstances where landlords cannot be sued. These include any issues brought on by your actions as a renter, uncontrollable circumstances like accidental fire, flood, or natural disaster, problems with furniture left by a former renter and not listed in an inventory at the start of your lease, and inability to do work due to opposition from other parties and the need for numerous planning permits.

Can I sue my landlord if they don't return my deposit?

Yes, if you have an Assured Shorthold Tenancy and have rented any type of property from a private landlord, you may be qualified to file a claim for damages against them as well as a claim for up to three times the initial deposit if that deposit is not properly returned when the tenancy ends.

How can I improve my chances of winning a lawsuit against my landlord?

To increase your chances of a successful legal action against your landlord, gather proof of the damage or issue, contact your landlord to inform them of the issue and keep proof of any correspondence. If you get sick or incur extra expenses due to the property’s issues, save the doctor’s notes and all receipts. If you’ve had to perform repairs yourself, save the receipts for everything you paid for. Then, contact a housing lawyer to help determine the best way to proceed with your case.

What is the role of housing solicitors in landlord-tenant disputes?

Housing solicitors like the team at Pearl Lemon Legal can help determine if you have a legal case against your landlord. They can advise on the best way to proceed, including whether they can represent you on a no win, no fee basis. They are experienced in alternative dispute resolution and can often help resolve disputes without the need for a time-consuming and stressful court case.