An investigation by ITV uncovered nearly 500 homes on the Eastfields Estate in Mitcham, South London, owned by Clarion Housing, suffering from serious disrepair. Issues found included damp, severe mould, crumbling plaster, ongoing leaks, collapsing ceilings, broken tiling, and infestations of mice and rats. Many residents had raised complaints to Clarion over an extended period, but these were largely ignored.
In response, Clarion has promised to regenerate the estate and invest £1 billion to demolish the current blocks and rehouse residents in new properties. However, this regeneration was first promised in 2015, and Clarion now states it could be another five years before residents are moved. In the meantime, tenants continue to endure appalling housing conditions.
What Can Be Done?
There are several legal options available to residents facing similar issues, whether or not they are waiting to be rehomed.
Landlords, such as Clarion, have a number of legal obligations to their tenants, including:
- Keeping the structure and exterior of the property in repair (including drains, gutters, and external pipes).
- Maintaining installations for the supply of water, gas, electricity, and sanitation (including basins, sinks, baths, and toilets, but excluding other fixtures and appliances for using these utilities).
- Ensuring the installations for heating and hot water are in proper working order.
- Ensuring the safety of tenants, household members, and visitors from any injury or damage resulting from property defects.
- Performing repairs with a reasonable degree of skill and competence.
- Taking reasonable steps to remove hazards arising from property defects that are injurious or likely to cause injury to health.
- Addressing infestations caused by property defects from areas the landlord owns or controls.
- Ensuring the property is fit for human habitation, covering issues such as:
- Repairs
- Ventilation
- Damp and mould
- Excessive cold or heat
- Carbon monoxide and fuel combustion products
- Electrical safety
- Structural collapse
- Asbestos
- Noise, and much more.
If a landlord becomes aware (or should reasonably be aware) of any such issues, they must fix them within a reasonable time. If the landlord fails to do so, tenants may apply for a Court Order to force the landlord to carry out repairs and potentially pay compensation.
Help From Expert Housing Disrepair Lawyers
For tenants who are financially eligible, legal aid is available when disrepair poses a serious health risk. This can be used to fund court proceedings that require a landlord to carry out specific repairs.
In certain cases, it may also be possible to pursue compensation under a *No Win, No Fee* agreement (known as a Conditional Fee Agreement) for losses incurred and the loss of enjoyment of your tenancy.
If you are facing serious disrepair issues, please contact our Housing Disrepair Team to find out how we can assist. You can call us or complete an online enquiry form.