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Landlords should be vigilant about the risk of claims for repairs/compensation.

Landlords who let residential properties should ensure they carry out their obligations to essential repairs in order to avoid the risk of claims for compensation.

Within every tenancy agreement is the statutory obligation in section 11 of the Landlord and Tenant Act 1985; ‘to carry out repairs to the structure and exterior of the property including installations for the supply of water, gas, and electricity, heating systems, drainage, and sanitary appliances’.

If a landlord delays unreasonably in carrying out such repairs, compensation for inconvenience and losses can be claimed by a tenant. Our Head of Commercial Litigation in Manchester, Paul Magee, was successful in the case of Wallace vs. Manchester City Council that set the principles as to how compensation was to be assessed in such instances.

More recently, our Manchester Litigation team represented a tenant who successfully pursued a claim for repairs and compensation against the property’s private landlord.

The property suffered primarily from damp in various rooms, other defects, and mice infestation. The tenant complained intermittently for more than six years, whilst the landlord denied liability and attempted to take possession of the property using the no-fault section 21 accelerated eviction procedure. Once the landlord carried out the work, which required the tenant to be temporarily away from the property, it was still not the end of the matter.

The tenant continued to claim for compensation. Following the issue of court proceedings, a settlement was reached whereby the tenant was awarded £55,000 for compensation and costs.

Here at Linder Myers, we understand the struggles that not only tenants, but landlords may also face. If you are facing a similar situation, contact our expert Commerical Litigation department on 0800 042 0700 or email enquiries@lindermyers.co.uk

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