legal services

Property disrepair

"We will determine whether any claims have substance, by providing a detailed report, and photographic evidence."

Property disrepair

A disrepair claim is the process in which expert surveyors are involved to carry out a Joint Survey of The Property, with the tenant’s expert, to provide an Expert Report on an alleged housing disrepair, pursuant to Section 9a Fitness for Human Habitation Act (FFHH), Section 10 and Section 11 of the Landlord & Tenant Act 1985.

Whereas a tenant, although it is your responsibility to keep the property clean and liveable, your landlord is still responsible for the majority of repairs if the repairs are detailed in your contract.

The landlords repairing obligations duties in respect of Section 9a, 10 & 11 of the Landlord and Tenant Act 1985 and Section 4 Defective Premises Act 1972, which are abbreviated as follows:

  • Is fit for human habitation at the time the lease is granted or otherwise created or, if later, at the beginning of the term of the lease, and
  • will remain fit for human habitation during the term of the lease.
  • In a lease to which this Section applies there is implied a covenant by the lessor:
  • to keep in repair the structure and exterior of the dwelling house.
  • to keep in repair and proper working order the installations in the dwelling house for the supply of water, gas, and electricity, and for sanitation.
  • to keep in repair and proper working order the installations for space and water heating.

What examples could fall into a disrepair claim?

  • Damage to your belongings, through mould or damp
  • Ill health due to mould damp
  • Electrical issues 
  • Broken boiler, no water

What can Batty France do for you?

If you’re a tenant, we can work for you to determine any issues which would fall into disrepair, by providing a detailed report and photographic evidence of all issues raised by you. If you’re a landlord we will work for you to negate any claims made against you by surveying your property and determining the whether the claims have substance, by providing a detailed report, and photographic evidence.

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