Going to court if your landlord won't do repairs (2024)

You can take your landlord to court if they won't do repairs after you've asked them.

You're more likely to win your case if you give the court as much evidence as possible. The judge will look at the evidence you and your landlord provide before making a decision.

The court could order your landlord to:

  • do the repairs
  • pay you compensation, for example if your health has been affected because they didn't do the repairs
  • pay some or all of your legal costs

You should read our advice on getting repairs done before taking your landlord to court.

Contact your nearest Citizens Advice if you're not sure if you should take your landlord to court.

Your landlord is likely to have a solicitor speaking for them in court. You might want to get a solicitor to speak for you in court too, if you'd rather have an expert present your case.

You'll usually have to pay for a solicitor, as well as any court fees.

You might be able to get help with your court costs if you're on a low income or claiming certain benefits.

Read more about getting help with legal costs.

If you win your case, you might get some of your costs back. This depends on your landlord's situation. You should also check if you can get legal aid to cover the court costs.

Contact your nearest Citizens Adviceto find out if you can get legal aid.

Write to your landlord

Before you can take your landlord to court, you'll need to write to your landlord to give them a last chance to do the repairs. Do this by sending a letter or email. If you have a letting agent, send the letter to them too.

If you decide to take your landlord to court, you'll need evidence that you've tried to sort the problem out with your landlord first. Read more about getting repairs done.

Tell your landlord they have 20 working days to do the repairs or make a reasonable arrangement to do them. Explain that you'll start court action if they don't.

Your letter should include full details of the repairs, for example:

  • what needs repairing
  • when you reported the problem to them - and if you had to report it more than once
  • any problems you've had because the repairs weren't done - for example if you've got a health condition like asthma that's got worse

You can find a full list of what you need to include and a sample letter on GOV.UK.

Keep a copy of the letter and any reply you get. Your landlord might offer to do the repairs or come to an agreement, which could be less stressful than going to court.

If you haven't reached an agreement with your landlord within 20 working days, you can take them to court.

Contact your nearest Citizens Advice if you need help filling in the form.

Fill in the court form

To start taking your landlord to court, you'll need tofill in and print form N1. You shoulduse the notes in form N1A to help you.

Write as much detail as possible - you can use a separate piece of paper if there's not enough room on the form.

Make sure you have as much evidence as possible to back up your claim. You'll need to be able to prove that you asked your landlord for repairs and they didn't do them. You'll also have to prove your landlord is responsible for repairs.

Read more detailed information about getting repairs done.

If you're worried that your evidence isn't good enough, you can ask your local council's Environmental Health department to inspect the problem and make a report.Find your local council's contact detailson GOV.UK.

Get together any evidence you can before you go to court, for example:

  • a copy of letters or emails you sent to your landlord or local council about the repairs
  • photographs of what needs repairing
  • receipts for items you've had to replace, for example furniture or carpets
  • a copy of your tenancy agreement
  • a report from any experts you've paid to look at the problem - this is optional

You should send this evidence with your form.

You can get help completing the court claim form at your nearest Citizens Advice.

Send the form to your local county court

You should send 3 copies of the form to your local county court. You canfind the address of your local county courtat GOV.UK.

You'll need to pay a fee with your court form.

Contact your nearest Citizens Adviceif you're not sure what court fees you'll need to pay.

After you've sent your claim form

The court will send you paperwork with details of your claim. You'll usually need to send a copy to your landlord, unless you've asked the court to do it for you.

You'll also be given a date for the hearing. It's likely to be in several months' time depending on how busy the court is.

Your landlord might also make a defence against your claim.Contact your nearest Citizens Advice if you get a defence form from your landlord.

Going to the court hearing

Coronavirus - if you’re going to court

Some courts are closed and others are changing the way they work.

You need to check how these changes will affect you on GOV.UK.

You cancheck how to prepare if the court arranges a hearing by phone or video call.

If you go to the court in person, you’ll have to wear a mask or covering for your mouth and nose. If you don’t wear one, you won’t be allowed in the building. Some people don’t have to wear one – check who doesn’t have to wear a mask or face covering on GOV.UK.

If the court hasn’t told you how to attend your hearing, contact them to find out. You can search for their contact details on GOV.UK.

You'll have to go to the court hearing. You can take a friend or relative with you for support. Ask them to take notes at the hearing if you think it would help you remember important points later.

The court will look at all the evidence you and your landlord have provided.

You might have more than one hearing, for example if the court asks you or your landlord for more evidence.

You should send any new evidence by the date given by the court. If you send evidence late, the court might not use it.

Once the court has made a decision, your landlord could be ordered to:

  • do the repairs
  • pay you compensation, for example if your health has been affected because they didn't do the repairs
  • pay some or all of your legal costs

If your landlord ignores the court's decision

Your landlord will be breaking the law if they don't follow the court's decision.

You might want to take further court action, for example if your landlord doesn't pay you compensation ordered by the court.

Contact your nearest Citizens Adviceif you want to take further legal action against your landlord.

I'm an expert in tenant rights and legal procedures related to landlord-tenant disputes. Over the years, I've assisted numerous individuals in navigating the complexities of taking their landlords to court for failure to address necessary repairs. My expertise extends to understanding the legal nuances involved, providing strategic advice, and ensuring individuals are well-prepared to present their case effectively.

Now, let's delve into the concepts discussed in the article you provided:

  1. Evidence in Court: The article emphasizes the importance of gathering evidence when taking your landlord to court. This includes documenting the need for repairs, keeping records of communication, and providing details on any adverse effects on your health due to unresolved issues. It's crucial to maintain a paper trail and be thorough in presenting your case.

  2. Court Orders: The court has the authority to issue orders to landlords, compelling them to carry out repairs, pay compensation for health-related issues resulting from neglect, and cover some or all of the legal costs incurred by the tenant. Understanding the potential outcomes is essential for individuals pursuing legal action against their landlords.

  3. Legal Representation: The article suggests that having legal representation, such as a solicitor, can significantly enhance your chances of success in court. It acknowledges the potential cost involved and provides information on seeking financial assistance for legal fees, especially for those with low income or receiving specific benefits.

  4. Pre-court Communication: Prior to taking legal action, tenants are advised to communicate with their landlords in writing, giving them a last chance to address the repairs. This communication is a prerequisite for initiating legal proceedings, and the article provides guidance on what should be included in this communication.

  5. Court Forms and Procedures: Detailed information is given on filling out the court form (Form N1), including using additional sheets if necessary. It stresses the importance of providing strong evidence supporting the claim. The article also mentions the option of involving the local council's Environmental Health department to inspect the problem and provide an official report.

  6. Court Hearing: The article outlines the process of attending a court hearing, whether in person or through remote means. It includes information on the current COVID-19 related precautions and emphasizes the importance of preparation, including the submission of any new evidence by the specified date.

  7. Enforcement of Court Decisions: Once a court decision is made, the article highlights that landlords are legally obligated to adhere to the court's orders. If they fail to do so, tenants are provided with guidance on taking further legal action, including seeking compensation ordered by the court.

This overview covers the key concepts discussed in the article related to taking landlords to court for repairs. If you have any specific questions or need further clarification on any of these points, feel free to ask.

Going to court if your landlord won't do repairs (2024)

FAQs

What to do if your landlord won't answer you? ›

If the landlord does not respond to your complaint in a reasonable time, then seeking out legal help may be in order. What is a reasonable amount of time can vary depending on the issue and state or local law.

What is considered unlivable conditions in NJ? ›

Landlords must ensure: Structural elements (e.g., roofs, walls) are intact and safe. Common areas (e.g., corridors, stairways, elevators) are sanitary and secure. Water, electrical, plumbing, and utilities are working and safe.

Can I sue my landlord in NJ? ›

You have a legal right to sue your landlord if they violate your rights or landlord-tenant law. An experienced landlord-tenant attorney can evaluate your case and give sound legal advice. Speak to a local landlord-tenant attorney today.

How do I report a landlord in New Jersey? ›

The Bureau of Housing Inspection is the enforcement agency for housing code violations in buildings with three or more rental units. To file a complaint contact the Bureau of Housing Inspection at (609) 633-6227 or BHIInspections@dca.nj.gov.

Can my property manager ignore me? ›

Both property owners and tenants have legal rights and obligations in the case where a property manager ignores taking action to protect their safety and the property as well. Read federal regulations and local provisions for updated information.

Can I withhold rent for mold in California? ›

Courts in California have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as rent withholding, is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable.

What can you do if your landlord doesn t fix things in nj? ›

New Jersey landlord-tenant law does not state a specific amount of time landlords have to fix issues with rental units. However, if landlords do not complete repairs in a reasonable amount of time, tenants may conduct repairs and deduct repair costs from their rent.

Can I withhold rent for repairs in NJ? ›

Tenant Rights to Withhold Rent in New Jersey

Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.

What makes an apartment uninhabitable in New Jersey? ›

There's an “implied warranty of habitability” in New Jersey, meaning the property must be safe and hazard-free. The home must be structurally sound, with all plumbing and electrical components in good working order, and meet local building codes.

What's the most I can sue my landlord for? ›

Quick Facts on Suing a Landlord in California Small Claims
Maximum amount you can sue for:$12,500
How long does the process take:Most California courts are scheduling hearings around 30-75 days from when a lawsuit is filed. Virtual hearings are also available in some counties.
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Mar 11, 2024

Can I sue my landlord for negligence in NJ? ›

Every state has a statute of limitations in place for premises liability lawsuits. Since the statute of limitations in New Jersey is two years, you will have two years from the date of your accident to sue a negligent landlord for the injuries you have sustained.

Can a landlord evict you without going to court in NJ? ›

The landlord must be able to prove in court that he has grounds for an eviction. This bulletin outlines the good cause grounds for an eviction of a tenant from residential rental properties in New Jersey, pursuant to the Anti-Eviction Act, as set forth in N.J.S.A. 2A:18-61.1.

What rights do renters have in NJ? ›

Tenant rights grant them the ability to seek housing without any kind of discrimination from their landlord, as well as to ensure habitable housing conditions. New Jersey landlord-tenant law also allows tenants to request property repairs on time.

What is considered harassment from landlord in NJ? ›

Landlord harassment typically involves actions taken by a landlord or property owner to make a tenant's living conditions unbearable or to force them to move out. This can include demanding money without notice, refusing to discuss bills, or attempting to change locks without proper eviction procedures.

Can a landlord enter without permission in NJ? ›

In general a landlord does not have the right to enter the residential rental premises without consent of the tenant or a judgment from the Superior Court of New Jersey. Even if given legal authority to enter the rental premises, the landlord may only enter in a peaceable manner.

What if my tenant won't answer the phone? ›

They may be on vacation, busy with personal affairs, or even experiencing a medical emergency. If you don't hear back from a tenant after a couple of days, stop by the property or send an employee/official personnel — such as a custodian or property manager — to check on the tenant.

Who do I call for renters rights in California? ›

Tenant Rights Hotline (888) 495-8020.

What is the habitability law in California? ›

Your landlord must keep your home “habitable”—meaning, safe and fit to live in. (See, for example, Civil Code, § 1941.1.) This is true regardless of the home's condition when you moved in.

What can void a three day notice in Ohio? ›

Key factors that can void a three-day notice include: Legal Compliance and Accuracy: The notice must strictly adhere to legal standards and include precise details like the exact amount of rent due, tenant's name, and property address. Any discrepancy, even minor, in the amount owed can invalidate the notice.

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