Disagreements between landlords and tenants over housing repairs are among the most common property disputes. It’s important to understand that landlords are not responsible for all repairs—some may fall to tenants under the lease or tenancy agreement. The repair obligations of landlords are typically outlined in the lease or tenancy agreement and governed by specific laws, which can lead to confusion over who is liable for repair costs.
As a London-based firm, AQ Archers frequently assists with housing disrepair disputes. Our experienced team takes objective approach to determine legal responsibilities and strives to negotiate a resolution that benefits both landlords and tenants.
Landlord’s Repair Obligations
The lease or tenancy agreement should clearly outline who is responsible for specific types of repairs. In most cases, landlords are responsible for the maintenance and repair of essential parts of the property, such as:
- Structural elements: Foundations, walls, windows, doors, guttering, roof, chimney, and drainage systems.
- Plumbing: Water supply, toilets, sinks, baths, radiators, and heating systems.
- Electrics: Wiring, sockets, switches, consumer units, and light fittings.
Beyond the agreement, landlords also have statutory obligations under:
- Landlord and Tenant Act 1985 (LTA): Implies a duty to maintain the property’s structure, exterior, and essential service installations, ensuring the property is fit for human habitation.
- Defective Premises Act 1972 (DPA): Imposes a duty of care on landlords to prevent personal injury or property damage due to defects.
Notice of Disrepair
If a tenant believes a landlord has failed to make necessary repairs, they may issue a Notice of Disrepair. This forms part of the Pre-Action Protocol for Housing Disrepair Cases, which encourages resolution through negotiation or Alternative Dispute Resolution (ADR) without resorting to court action.
If ADR fails, the tenant may issue a Letter of Claim to the landlord, stating their intention to take legal action. Landlords have 20 days to respond. If the matter remains unresolved, it may proceed to court, requiring a formal property inspection by a surveyor or expert.
Alternative Dispute Resolution (ADR)
ADR methods, such as mediation and arbitration, can help resolve disputes without court involvement:
- Mediation: An independent mediator facilitates discussions to reach an agreement.
- Arbitration: An arbitrator listens to both sides and makes a binding decision.
ADR can save time, reduce costs, and help preserve relationships between landlords and tenants.
Why Choose AQ Archers?
Located in London, where leasehold properties and tenancies are prevalent, AQ Archers is highly experienced in handling housing disrepair disputes. Our team has successfully resolved cases for tenants and landlords of all types, from simple claims to complex, multi-track cases.
We aim to resolve disputes quickly and amicably, preserving relationships wherever possible. If ADR proves ineffective, we provide robust support through the court process. Additionally, we can review lease or tenancy agreements at the outset to minimize the potential for future disputes.
Legal Fees
Hourly Rates
Our legal fees are charged on an hourly basis:
- Mr. M. Asghar Khan (Solicitor): £312.00 plus £62.40 VAT.
- Mr. Raja Khurram (Solicitor): £312.00 plus £62.40 VAT.
- Other Caseworkers: £139.00–£204.00 plus VAT (£27.80–£40.80), depending on seniority and experience.
For further details, please refer to the Solicitors’ Guideline Hourly Rates – GOV.UK.
Fixed Fees or Conditional Fee Agreements
Where applicable, claims may be handled under a Fixed Fee Arrangement or a Conditional Fee Agreement (CFA) (No Win, No Fee). Details of the arrangement will be discussed and agreed upon at the outset.
Pay If You Win: Conditional Fee Agreement (CFA)
Under a CFA, you only pay legal fees if your claim is successful. If you win, fees include:
- Success Fee: 25% of the settlement amount, including VAT.
- Basic charges, expenses, and disbursements (e.g., surveyor reports, court fees, and barrister fees).
If your claim is unsuccessful, you will not pay legal fees, but you may need to cover certain expenses and disbursements unless insured.
Costs
If your claim is settled without litigation on terms that justify bringing the claim, your landlord will be responsible for paying the Tenant’s reasonable legal costs.
For defended claims, the Tenant must demonstrate that:
- There were issues of disrepair that were the landlord’s
- These disrepair issues required repair work to be carried
- The Tenant took reasonable steps before issuing the claim, including:
- Requesting the landlord to address the
- Making the premises available for inspection or repair
- Allowing the landlord a reasonable amount of time to complete the necessary
If the landlord failed to address the issues despite these efforts, pursuing the matter in Court would be considered justified.
Legal Expenses and Insurance
Legal Expense Insurance (LEI)
You may already have LEI coverage through motor, home, or other insurance policies. LEI provides access to legal advice and funding for claims.
After-the-Event Insurance (ATE)
If you do not have LEI, consider purchasing ATE insurance to protect against costs if your claim fails. ATE premiums are only payable if you win, although late purchases may be more expensive or denied.
When We Cannot Accept Your Claim Under CFA
If your claim has a low likelihood of success, we may be unable to handle it on a No Win, No Fee basis. In such cases, we will advise you on alternative funding arrangements.
Contact Us
If you have a housing disrepair dispute or need further information, contact AQ Archers for a free initial consultation:
Call: 020 7791 3223
Email: info@aqarchers.co.uk
Our experienced team is ready to assist you with your housing disrepair claims and ensure your case is handled professionally and efficiently.