It can be frustrating and upsetting if you are having difficulty with your landlord complying with their obligations, whether you are a private or social tenant. Landlords have a variety of obligations, including ensuring that your property meets the appropriate standard, putting your deposit in a safe deposit scheme and ensuring that if they seek to evict you they do so in a lawful way. People are not always aware of the rights that they have, or how they can enforce them. We can assist you with legal advice and in some circumstances representation at the court or tribunal.
The issue we are most often consulted on in this area is where there is dampness or disrepair in a property. Both private and social landlord have a variety of obligations, including ensuring that the property is wind and watertight, and reasonably fit for human habitation. This obligation runs from the start of the tenancy, but you need to make your landlord aware of any defects or issues with the property.
We can help you in a variety of ways if you are having issues with your landlord. The first step is to raise the issue with your landlord further, and see if the problem can be resolved through negotiation. If the issue cannot be resolved in that way we can sometimes assist you in litigating your case depending on your circumstances. If you are a social tenant this will involve going to your local sheriff court, and if you are a private tenant it will likely involve an application to the Housing and Property Chamber of the First Tier Tribunal. This might involve asking the court or tribunal to order that particular work is undertaken, or in some circumstances seeking an award of compensation. These can be complex cases, and can take time to resolve, so it may be in your interests to seek advice from one of our solicitors on what your options are.
Please note that our ability to assist with these sorts of cases depends on our capacity, and whether our solicitors have other work that we need to prioritise, such as homelessness or eviction cases.
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If you need help with an issue in an area we assist with click the link to make an appointment with one of our solicitors.