Article written by Peter Causton
I am often asked to help tenants making claims for housing disrepair. It is often quite shocking to see the conditions tenants are living in. I also sometimes act for landlords facing such claims so can see things from both sides. In times of economic stress with local authorities struggling to maintain services I can understand why they want to keep costs to a minimum.
I have also acted as an Independent mediator, mediating between landlords and tenants. Following the case of Churchill v Merthyr Tydfil and CPR rule changes allowing I am seeing more Courts staying cases for mediation or ADR to take place which can be a good way to short circuit the litigation process and save costs. However, in my view the landlord’s internal complaints procedure is not necessarily appropriate as an ADR process. There is no reason for a stay in most housing cases where mediation can take place concurrently, by way of a remote and/or time limited mediation.
In any event, there may be an increase in claims with Awaab’s law and parties may want to try using mediation to resolve these.
Currently tenants can only make a claim for disrepair if they have notified their landlord about disrepair and the landlord has failed to repair within a reasonable time. It is probably a topic for another post as to whether this is fair. Many landlords argue that mould is not actionable in itself. It has to derive from disrepair. They also argue that mould does not necessarily mean that a property is I fit for human habitation. If a claim is successful, a landlord may have to carry out repairs within a 56 or 90 day period. All this may be about to change.
This could all be changing when Awaab’s law comes into effect. The tragic story of Awaab is well known and his tragic death shocked the nation. Mould and damp conditions in his home were to blame. Spurred into action the government at the time introduced legislation which had not yet come into effect, to compel landlords to deal with mould within a short timeframe.
The time periods are currently out for consultation and no doubt cash strapped Councils will be arguing for longer periods to comply.
If shorter periods are mandated for social and private landlords there may be a tsunami of claims for compensation if the repairs are not done timeously.
A consultation was launched to set the timeframes within which landlords will have to act to investigate hazards and make repairs.
The new rules will form part of the tenancy agreement, so tenants can hold landlords to account by law if they fail to provide a decent home.
The Awaab’s Law consultation (https://www.gov.uk/government/consultations/awaabs-law-consultation-on-timescales-for-repairs-in-the-social-rented-sector) was launched.
It proposed new legal requirements for social landlords to investigate hazards within 14 days, start fixing within a further 7 days, and make emergency repairs within 24 hours. Those landlords who fail can be taken to court where they may be ordered to pay compensation for tenants. Landlords will be expected to keep clear records to improve transparency for tenants – showing every attempt is made to comply with the new timescales so they can no longer delay rectifying people’s homes.
It has been reported that “a source close to Angela Rayner said the hope is for all the reforms “to be in place by summer next year (2025) subject to getting them through parliament”.
Obviously it remains to be seen what the timescales are for the repairs and what compensation will be payable but it is easy to see how housing lawyers will be able to add this cause of action to a lot of housing claims and if is likely that claims will rise if landlords are unable to comply with the deadlines imposed.
Landlords facing such claims would be well advised to mediate or use other forms of ADR to try to resolve any disputes with tenants and the Courts have the power to stay claims following the case of Churchill and Court rule changes.