Arthur Barnes, partner at Clarke Barnes, is an experienced housing disrepair litigator. Under Section 11 of the Landlord and Tenant Act 1985, if your tenancy is for under seven years, your Landlord is under a duty:
1. To keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes,
2. To keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity, and
3. To keep in repair and proper working order the installation in the dwelling for space heating and heating water.
Your Landlord will also have contractual duties set out in your tenancy agreement. If you believe your Landlord has failed to comply with either the statutory duties or contractual duties set out in your tenancy agreement, despite you having informed them of the disrepair, you may be entitled to commence County Court proceedings seeking an order requiring your Landlord to carry out the necessary repairs. Any such claim would also include a claim for damages. In many cases, your Landlord may try to mount a technical defence based upon what comprises the structure and exterior of the property. Experts may also be required to offer evidence as to the extent of disrepair. Clarke Barnes are able to provide advice on the housing disrepair process. Clarke Barnes are willing to act on a conditional fee agreement if, after review of your claim, we are of the view that you have strong prospects of success. We work with a leading insurance company who will be able to offer ‘After the Event Insurance’, protecting from the risk of any cost orders that may be made against you should your claim prove to be unsuccessful.
Clarke Barnes are able to provide an expert and experienced service to tenants who might not otherwise be able to finance litigation against their Landlord with the safety of insurance to protect them should the claim not succeed.