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How to Safeguard Your Property Investment: Avoiding and Handling Disrepair

October 16, 2024

Purchasing a property is a significant investment, and discovering unexpected disrepair can lead to expensive repairs, frustration, and legal complications.

By taking the right steps before you buy and knowing how to handle disrepair after purchase, you can protect your investment and maintain a safe and comfortable home.

How to Avoid Buying a Property with Disrepair

Before committing to buying a property, it’s essential to conduct thorough checks to ensure there are no hidden issues. Here are several steps to help you avoid purchasing a property with disrepair:

Hire a Professional Surveyor: A full property survey, conducted by a professional, is your first line of defence against hidden problems. A surveyor will assess the property’s structure, electrical systems, plumbing, and overall condition, providing a detailed report on any potential issues.
Investigate the Property’s History: Research the property and the building’s history. Has the building required frequent repairs? Talking to neighbours or the property management can help identify recurring issues, such as leaks, damp, or plumbing problems.
Check for Visible Signs of Disrepair: During your viewing, take note of any visible signs of wear and tear. Look for water stains, cracks in the walls or ceiling, damp patches, or damaged fixtures. Also, don’t forget to check communal areas, as disrepair in these spaces could become your responsibility if you buy a leasehold property.
Understand the Lease Agreement: If buying a leasehold, review the lease carefully. It’s essential to know who is responsible for the upkeep of different parts of the property—whether it’s the leaseholder, landlord, or property management company.
Request Records of Recent Repairs: Especially in older properties, it’s important to ask for documentation of recent repairs or maintenance. This will provide insight into the property’s condition and whether you may need to budget for future repairs.

What to Do If You Discover Disrepair in Your Property

Despite your best efforts, sometimes disrepair might only become apparent after you’ve purchased the property. If this happens, follow these steps to address the issue:

Document the Disrepair: Take detailed notes and photographs of any disrepair you discover. Keep records of when the problem first appeared and any correspondence with the landlord or property management. If necessary, hire a professional photographer who specialises in property documentation to ensure you capture both small details and entire rooms with precision.
Notify Your Landlord or Property Manager: In most cases, your landlord or property management company is responsible for addressing issues related to disrepair. Notify them as soon as possible in writing, providing documentation of the problem. In the UK, landlords are legally required to keep the property in good condition.
Request a Professional Inspection: If the disrepair is serious, you may want to request an independent professional inspection. An expert report on the condition of the property can be useful if the issue needs to be escalated to a legal or formal complaint process.
Seek Legal Assistance: If your landlord fails to address the disrepair, it may be time to seek legal advice. A housing disrepair solicitor can help you understand your rights, assist with negotiating repairs, or pursue compensation if the disrepair has caused damage or health issues.

Case Studies

Anna purchased a flat in a Victorian building, trusting a basic survey to highlight any potential issues. Unfortunately, the survey missed signs of rising damp, and shortly after moving in, Anna discovered mould on the walls. The landlord failed to act, so Anna turned to housing disrepair solicitors, who helped her secure compensation and ensure the landlord completed the necessary repairs. The solicitor’s involvement prevented Anna from bearing the full cost of the repairs herself.

James bought a flat in a new-build development, assuming there wouldn’t be any major issues with a brand-new property. However, within six months, he experienced repeated plumbing leaks that caused water damage to his belongings. Despite informing the property management company, repairs were delayed. After consulting a solicitor, James discovered that the developer was responsible under the warranty, and the solicitor helped him recover compensation for the damage and forced the developer to address the plumbing issues under the terms of the warranty.

John and Lisa bought a flat in a modern leasehold development. A few months later, they noticed significant cracks in the walls and ceilings. They reported the issue to the landlord, but no action was taken. After contacting a housing disrepair solicitor, the solicitor organised an independent survey, which revealed that the building’s foundations were shifting. The solicitor helped John and Lisa force the landlord to take corrective action and recover part of their service charges for the negligence.

How Housing Disrepair Solicitors Can Help

When faced with unresolved property issues, housing disrepair solicitors can be a vital resource. These legal professionals specialise in helping tenants and leaseholders navigate complex disputes related to disrepair. Here’s how they can help:

Assessing Your Case: A solicitor will examine the specifics of your situation, including the severity of the disrepair and the responsibilities outlined in your lease or rental agreement, to determine the best course of action.
Negotiating with Landlords: Often, solicitors will first attempt to negotiate with the landlord or property management company, seeking a commitment to complete repairs within a reasonable timeframe. This negotiation process can help avoid the need for legal action.
Filing for Compensation: If the disrepair has resulted in financial loss, such as property damage or health problems caused by unsafe living conditions, a solicitor can assist you in filing for compensation. Compensation can cover repair costs, damage to personal belongings, or health impacts.
Pursuing Legal Action: If negotiations fail, solicitors can take the matter to court, representing your interests and pushing for the landlord to fulfil their legal obligations. In some cases, legal action may be necessary to compel the landlord to carry out the repairs.
No Win, No Fee Services: Many housing disrepair solicitors offer a no win, no fee service, meaning you don’t pay unless your case is successful. This arrangement can make legal assistance more accessible for those facing financial challenges due to disrepair. However, not all solicitors offer a no win, no fee basis for private owners.

How Shelter or the Housing Ombudsman Can Help

If you’re facing unresolved housing disrepair issues and have exhausted direct communication with your landlord or property management, organisations like Shelter or the Housing Ombudsman can provide invaluable support.

Shelter is a housing charity that offers free advice and legal guidance for tenants and leaseholders dealing with disrepair. They can help you understand your rights, assist with writing formal complaints, and, if necessary, connect you with legal representation. Shelter’s extensive resources ensure you have a clear path forward, even if you cannot afford a solicitor immediately.

The Housing Ombudsman is an independent service that resolves disputes between tenants and landlords, specifically for social housing tenants or leaseholders of housing associations. If your landlord has failed to address disrepair after following their complaints process, you can escalate your case to the Ombudsman. The Ombudsman will investigate, mediate, and, in some cases, enforce corrective actions or compensation. They offer a fair, impartial service, holding landlords accountable for their legal obligations and ensuring you receive the repairs or compensation you’re entitled to.

Both organisations provide critical assistance when dealing with unresolved disrepair, ensuring that tenants are protected and landlords fulfil their responsibilities.

Conclusion

Buying a property with hidden disrepair can be a costly mistake, but by taking proactive steps such as thorough inspections, understanding your lease, and documenting any issues, you can protect yourself. If disrepair emerges, addressing it promptly with the help of a solicitor ensures you protect your rights and investment. Housing disrepair solicitors play an invaluable role in resolving disputes, securing compensation, and ensuring landlords meet their legal obligations to provide safe, liveable homes.