Housing disrepair issues are unfortunately very common, particularly in social housing, and can have a damaging effect on a tenant. In addition to making daily life unpleasant and uncomfortable, housing disrepair issues can have safety implications, can cause health and medical problems and can have financial implications if property gets damaged or a tenant has to carry out their own emergency repairs. In reality, a tenant should not have to deal with any of these issues, and in many cases a landlord or housing provider will respond quickly and effectively to a report of a housing disrepair, but in situations where they don’t, the tenant needs to start preparing evidence. If a housing disrepair issue is not resolved within the required timeframe, a tenant can escalate the matter and can start to consider more formal action. Using professional advice from a housing disrepair claims solicitor, the tenant should start to record evidence of the complaint in the event that it becomes a formal, legal matter. In this case, strong housing disrepair evidence can support a claim and help to prove a disrepair issue exists and who holds liability for it. Below, we have outlined a checklist of evidence you should retain. Keeping thorough records can strengthen your position and improve the prospects of a successful outcome should the matter progress to a formal legal claim.

Visual evidence

Photos – At an early stage, start to take photos of the issue. Take both close-up, detailed photos and wider, long-range photos. This provides key detail on the problem and the context of how the issue is affecting your daily life and family. Repeat this regularly, ideally at least weekly, to demonstrate how the issue is developing and the ongoing impact it is having on your home and daily life.

Videos – Short video clips can provide good evidence of disrepair issues such as water leaks or a structural issue that is letting cold air in from outside. Videos can often provide more context than photographs alone. If a disrepair issue is affecting different areas of a room, a short video can show all these together to present a stronger overall picture of the problem.

Documentation

Emails and communications – Any details of communications with your landlord or housing provider relating to the disrepair should be kept. Even if you have made a phone call, keep a record of the date and time, who you spoke to and what was said or agreed in the conversation. Written records of communications help legal teams put the story together and also add credibility to your version of events, as well as being indisputable evidence of agreements and deadlines. Keep a record of every occasion you contact your landlord regarding the issue. This helps establish a clear timeline and can strengthen your case should legal action become necessary.

Repair details – If repairs have been carried out but were substandard or failed to resolve the issue, make a written record of when they were done and keep job sheets or repair records you are left with by the contractor.

Receipts – Keep the receipts for any expenses you have incurred in living with the problem or attempting to resolve the problem. Depending on the circumstances of your claim, you may be able to recover these costs. This could include extra clothes or portable heaters to deal with extreme cold, or dehumidifiers to deal with damp.

Inspection reports – Any independent expert witness reports or housing condition surveys should be kept. These often identify the root cause of a problem and can be an essential tool in proving liability.

Witness statements – If someone else – a friend, family, contractor or member of the public – was present when a conversation was had with your landlord or housing provider, when agreements were made, or when specific comments or actions took place, ask them to provide a written statement. This can help corroborate your account and strengthen your case

Tenancy agreement – Always keep a copy of your tenancy agreement, particularly where it sets out repair obligations or responsibilities that you believe your landlord has failed to meet.

Other evidence

Medical records – Keep copies of relevant medical records, GP notes or other professional opinions which demonstrate how the disrepair has affected your health.

Damaged belongings – Keep any damaged belongings which have been directly impacted by the disrepair issue. Clothing, photographs, electronic equipment and important documents can all be damaged by issues such as damp, mould or water leaks.

Specialist legal support with housing disrepair claims

If you make a housing disrepair claim, the first thing a specialist solicitor will ask you is about evidence and what currently supports your case. From this point you will be instructed to maintain a housing disrepair claim checklist which details the evidence you need to maintain while the claim is ongoing. This evidence helps build a clearer picture of liability and demonstrates the impact the disrepair has had on you and your household and hence is important in deciding the final settlement you may receive in the event that your claim is successful.

If you have reported a housing disrepair issue and your landlord has failed to resolve it, start gathering evidence as soon as possible. The team at Legal HD can assess your circumstances and help you start a housing disrepair claim today.