As a tenant in a council property, it can be distressing when a repair issue arises. This can cause discomfort for you and your family and you can spend considerable time and money trying to rectify the issue. Some minor repair issues can be dealt with easily, but bigger problems, such as cracks in walls and ceilings, are much more significant in terms of the impact on you as a tenant and also in terms of getting the issue rectified. Here we have presented a guide on how to deal with this problem, along with some advice on what are your responsibilities and what are those of the landlord.  

What causes cracks on walls and ceilings?

If you discover a crack in the wall or ceiling of your local authority property it could be a symptom of a significant problem and you need to deal with it quickly. Cracks in walls or ceilings can be caused by a structural issue such as subsidence, but more commonly they are caused by issues of damp or a water leak. This can lead to structural disrepair and essentially means the structure of the property is compromised. This isn’t a problem that will resolve itself and could get considerably worse, hence you need to act immediately.  

What repairs are the council responsible for in your council property?

A local authority has a legal duty to maintain the property it rents to you. This should be stipulated in the tenancy agreement you signed when moving in, alongside other responsibilities. The council must ensure the property is in a good state of repair when you move in, and continues to be throughout the duration of your tenancy. This means they must respond when you report a disrepair issue, particularly something as significant as structural cracks.  

At the same time, the tenant also has some responsibilities. They should carry out minor repairs themselves, such as replacing batteries in a smoke alarm or replacing light bulbs. Minor repairs also mean a door handle that has worked loose, or a shower rail that has come off. Also, tenants are responsible for repairs from damage that they have caused, or that their visitors have caused, whether that damage was accidental or intentional.  

How to report a disrepair issue

With a structural issue such as cracks in the walls or ceilings, this should be reported immediately. If you haven’t reported it to the landlord and the problem gets worse, they can’t be held responsible for your increasing discomfort if they don’t know about the problem. Also, you should ensure that the problem is reported directly to the landlord. Don’t rely on a message being passed on, you need to ensure that the council office that is responsible as your landlord has received the information that a serious disrepair issue has occurred. 

Cracks in walls and ceilings are classed as a significant disrepair issue, to which a landlord should respond with suitable haste.  

Can a tenant claim compensation for a disrepair issue?

Yes. In many cases the council will respond to your report of a disrepair issue and will carry out the repair in a timely fashion. If you have had to pay some costs relating to the disrepair in the meantime, you might be able to claim this cost back. However, if the council doesn’t respond after you have given them a reasonable amount of time, you can make a housing disrepair claim against the local authority. 

Legal HD can represent you when making a housing disrepair claim. We will seek to secure suitable compensation, which will cover: 

• The cost of any repairs you have had to carry out yourself 
• The cost of any damage to your belongings which is directly caused by the disrepair 
• Emotional distress as a result of living with the disrepair. 

We will require you as the tenant to maintain evidence of the disrepair issue, including dates and times of when the issue was reported to the landlord, and photos of the disrepair issue at certain intervals, to show how it has deteriorated and how it has affected you.    

Contact Legal HD for professional legal support with disrepair issues

If you are a tenant in a local authority property and have reported a crack in the walls or ceilings of your property and it hasn’t been repaired, you could be eligible to make a housing disrepair claim. Legal HD are the housing disrepair claim specialists and we have experts who can advise on your disrepair issue and give you the support you need at a difficult time, as we seek to secure suitable compensation for you. So if this applies to you, contact our team at Legal HD today.