If you are stuck in such a situation, here is what to do.

In the city of Westerfield, Ms. Anya Sharma, a resident of ‘The Willows’ apartment building, finds herself in a distressing situation. The building, managed by a housing provider called Evergreen Homes, has a broken lift and a non-functional main electric gate. For Ms. Sharma, who suffers from a severe mobility-limiting condition, this means she cannot access her car or leave the building with ease, effectively confining her.

The situation is even more critical for her neighbour, Ms. Beatrice Carter, who resides on an upper floor. Ms. Carter is a permanent wheelchair user and is completely trapped in her flat, unable to leave for any reason. She had previously requested a move to a ground-floor flat, but Evergreen Homes reportedly denied this, stating she was not entitled to the size of property available on that floor. Despite numerous calls and formal complaints from Ms. Sharma, Ms. Carter, and other affected residents, Evergreen Homes has failed to take any action to repair the essential facilities.

Advice in such cases

When a housing provider fails in its duties, especially in a way that endangers or imprisons residents, there is a clear path for seeking resolution. The initial step is always to put the complaint in writing, creating a formal paper trail. If this fails, the matter should be escalated to external bodies that have the power to enforce compliance and penalise the neglectful party.

Applicable Sections of Law

Several key pieces of UK legislation are relevant in this scenario:

• The Equality Act 2010: This is paramount. The Act places a duty on service providers, including landlords, to make “reasonable adjustments” for disabled people. A failure to repair the only accessible exit for disabled residents is a clear failure of this duty. It can be argued as indirect discrimination, as the policy (or lack of repair) puts disabled residents at a particular disadvantage.
• The Landlord and Tenant Act 1985 (Section 11): This Act implies a term into tenancy agreements that the landlord must keep the structure and exterior of the building in repair. This responsibility extends to the common parts of the building, which includes essential services like lifts.
• The Homes (Fitness for Human Habitation) Act 2018: This Act requires landlords to ensure their properties are fit for people to live in throughout the tenancy. A property where a resident cannot safely enter or leave could be deemed unfit for habitation, especially under the associated Housing Health and Safety Rating System (HHSRS), which would likely classify this as a major hazard.
• The Defective Premises Act 1972: This Act imposes a duty of care on landlords to prevent personal injury caused by defects in the premises. Trapping residents, which poses a significant risk in an emergency like a fire, is a major breach of this duty.

If you are the complainant

If you are taking action on behalf of yourself or another resident:

• Document Everything: Keep a detailed log of every communication. Note the date, time, the person you spoke to, and a summary of the conversation. Keep copies of all emails and send formal letters via recorded delivery.
• Formal Complaint: Exhaust the landlord’s official internal complaints procedure. This is a necessary step before you can escalate the issue externally.
• Contact the Council: Your local council’s Environmental Health department has powers to inspect properties and serve improvement notices on landlords for hazards that risk tenants’ health and safety.
• Escalate to the Ombudsman: Once the internal complaints process is complete, you can take your case to the Housing Ombudsman Service. They can investigate the complaint and order the landlord to pay compensation and carry out repairs.

If you are the victim

If you are the person directly affected and trapped:

• Keep a Diary: Document the daily impact this situation is having on you. Note any missed medical appointments, difficulties getting groceries or care, and the effect on your mental and physical well-being.
• Contact Social Services: Your local council’s Adult Social Services team has a safeguarding duty. Being trapped in your home is a serious safeguarding issue, and they may be able to intervene or provide support.
• Seek Support: Contact national disability charities like Scope or Disability Rights UK. They can offer advice, support, and advocacy.

How the police behave in such cases

The police will almost certainly view this as a civil matter between a landlord and tenant, not a criminal one. They are unlikely to intervene unless there is an immediate threat to life, such as a fire, or a criminal act like a breach of the peace occurs. They will advise you to contact your local council or a solicitor.

FAQs people normally have

• Can I stop paying my rent? No. In the UK, you should never withhold rent. Doing so puts you in breach of your tenancy agreement and could lead to eviction proceedings, which would complicate your case. You must continue paying rent while pursuing a claim for disrepair.
• How quickly must the landlord act? The law requires repairs to be completed within a “reasonable” period. For an essential service like a lift that provides the only means of access for disabled residents, a reasonable time would be a matter of hours or a few days at most. A delay of weeks is indefensible.
• Can the landlord claim it’s not their fault? While they might try, the responsibility for maintaining common parts like a building’s lift rests firmly with the landlord or management company. Unless they can prove specific vandalism by a resident, the duty to repair is theirs.

What evidence is required?

To build a strong case, you should gather the following:

• Your tenancy agreement.
• Photographs and videos of the broken lift and any other points of failure.
• A detailed log of all your communications with the housing provider.
• Witness statements from neighbours or other affected residents.
• A diary detailing the impact the disrepair has had on your life.
• Any relevant medical evidence that confirms your disability and mobility needs.

How long will the investigation take?

The landlord’s internal complaints process typically has set deadlines, often around 10 to 20 working days for a final response. If you escalate to the Housing Ombudsman, an investigation can take several months. Legal action through the courts can also be lengthy, but often a formal pre-action letter from a solicitor can prompt a much faster resolution from the landlord, who will want to avoid court costs and legal sanctions. In urgent cases, a solicitor may be able to seek an emergency injunction from the court to force the landlord to act immediately.

Consult with Lawyer

The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Advocate Sudhir Rao, Supreme Court of India