The Case of the Collapsing Wall

In a recent High Court case, a tenant who had paid £34,000 for a two-year tenancy found part of the front garden wall collapsed, blocking a side passage and causing internal damage. The tenant then complained that the property was not habitable, and a structural engineer’s report confirmed the house was unsafe.

What Constitutes Significant Disrepair?

While many would expect significant disrepair to be grounds for claiming rent back and demanding immediate repairs, the current law does not allow tenants to claim a property is uninhabitable solely because it is unsafe to live in. Section 11 of the tenants-increasingly-love-corporate-landlords'>Landlord and Tenant Act 1985 requires ‘significant disrepair’ for a case to be made against the tenants-increasingly-love-corporate-landlords'>landlord.

The Tenant’s Lucky Clause

In this particular case, the tenant had a clause in the tenancy agreement that specified the rent would be suspended if the property was deemed unfit for occupation. This clause ultimately helped the tenant, despite the tenants-increasingly-love-corporate-landlords'>landlord’s unreasonable appeal, and highlighted the importance of such terms in tenancy agreements.

The Need for Future Legal Change

The tenant’s victory in this case relied on the clause within the tenancy agreement, but it brings attention to the need for stronger protections. The Homes (Fitness for Human Habitation) Bill, if passed, will allow tenants to take tenants-increasingly-love-corporate-landlords'>landlords to court if their home is unsafe, ensuring fair treatment without relying on specific clauses.

A Staggering Statistic

A recent report by Shelter revealed that over a million homes in the UK are considered dangerous to the health and safety of tenants. This alarming figure sheds light on the need for greater oversight and quicker action on repairs, especially considering the delays in inspections by environmental health officers.

The Need for Legal Clarity

The Homes (Fitness for Human Habitation) Bill aims to clarify that rented properties must meet specific standards, further outlining tenants-increasingly-love-corporate-landlords'>landlords' existing obligations. This change is necessary to ensure tenants are protected and to address the ongoing issues with unsafe rental properties, particularly in the private sector.