Compensation claim
Question
My girlfriend and I were renting a fourth floor flat for over a year but eventually had to move out because the lift didn't work. The lift was really important to us because my girlfriend was pregnant when we moved in and without a lift it was virtually impossible for her to get out and about.
The lift worked for about six months but towards the end of her pregnancy it broke, meaning she missed several hospital appointments and, once our baby was born, had to walk up four flights of stairs with baby and pram. The landlord didn't fix the problem and refused to make a discount on the rent, despite knowing our situation, so we finally had to end the tenancy and move to another accommodation.
We would like to get a refund on the rent we paid whilst the lift wasn't working and, if possible, compensation for the pain caused to my wife and the costs we incurred when we had to move. Would we have a case? If so, how do we proceed?
Answer
Landlords have certain responsibilities, which include the responsibility to carry out repairs. Landlords are responsible for most repairs to the exterior or structure of a property. This means that problems with the roof, chimneys, walls, guttering and drains are the responsibility of the landlord. Landlords are also responsible for keeping the equipment for supplying water, gas and electricity in good condition.
If you landlord fails to carry out repairs, it may be possible to take your case to the county court. This is not necessarily an appropriate option if you are an existing tenant without strong tenancy rights, as your landlord might try and evict you, or not renew your tenancy.
If you do decide to take action the court will decide:
- if your landlord should do the repairs;
- what should be done;
- and whether your landlord should pay you compensation for inconvenience or damage to you to your belongings
Although you've moved out, you may still have a claim for compensation from your landlord because it's possible for a court to order your landlord to pay you compensation, even after you have left the accommodation. Taking court action can be complicated and sometimes slow. It can also be expensive unless you are entitled to help with your legal costs.
Alternatively, you can use the small claims court if your claim is for less than £1,000 or your claim is for less than £5,000 and you are not also asking the court to order your landlord to do the repairs. Taking action this way isn't expensive and if you win the case, your landlord may be ordered to pay your costs. There are specific procedures that need to be followed and it's possible that the court will need a report from an expert, such as an environmental health officer, or information from your physiotherapist. As making any claim can be complicated, it's important you get advice from your local CAB, law centre, or a solicitor before taking court action.
Finally, it's important you know that if your flat was part of a block, repairs to areas that are shared with other people, e.g. hallways, stairs, or lifts are usually the responsibility of the landlord. But if there are other flats in the building that your landlord doesn't own, the responsibility for common areas may be shared by your landlord with other owners. It may be that your landlord is the leaseholder of the property, in which case the freeholder/s may have the responsibility for repairs, but the leaseholders within the block of flats would have to pay for the work.
You may want to get help from a local advice service for further information on this matter.
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