Housing Disrepair Claims – FAQs

Expert insights from 8PP Barrister, Craig Leigh

1. What is a housing disrepair claim?

A housing disrepair claim is a legal action taken by a tenant against their landlord when the property they are renting is in poor condition due to the landlord’s failure to carry out necessary repairs. The claim typically seeks an order for repairs to be completed and/or financial compensation for inconvenience and damage caused.

2. What laws govern housing disrepair claims?

Housing disrepair claims are governed by various legal frameworks, including:

• Landlord and Tenant Act 1985 – Outlines repair obligations for landlords in England.
• Renting Homes (Wales) Act 2016 – Outlines repair obligations for landlords in Wales
• Defective Premises Act 1972 – Imposes liability for personal injury or damage to property due to disrepair
• Civil Procedure Rules (CPR) – Governs how claims are brought before the courts.

3. What should be included in a claim form (CF)?

The claim form must comply with CPR 7, PD7A, CPR 16, and PD16. It must state:

• Whether the cost of the repairs is estimated to exceed £1,000
• Whether the claimant expects to recover more than £1,000 in damages.

Failure to include this information correctly can affect the allocation of the case to the appropriate court track.

4. What are the requirements for a Particulars of Claim (POC)?

The POC must provide a concise statement of the grounds on which the claim is based, following CPR 7.4 and CPR 16.4. It should:

• Clearly set out the legal basis for the claim
• Avoid excessive detail—plead facts, not evidence
• Where possible, attach a copy of the tenancy agreement.

5. Do I need to reply to a defence?

A Reply to Defence is optional under CPR 15.8 and CPR 16.7. However, it can be useful to:

• Introduce new facts that refute allegations contained within the defence
• Admit certain allegations, helping to narrow down issues
• Clarify factual disputes and explain why a defence is incorrect.

6. How are housing disrepair claims allocated to court tracks?

Under CPR 26.9:

• Small Claims Track applies if repair costs and damages both do not exceed £1,000
• Fast Track applies if either repair costs or damages exceed £1,000.

Understanding these rules is crucial, as incorrect allocation can impact costs recovery.

7. What impact did Birmingham City Council v Lee have on costs?

The Court of Appeal ruled that:

• A housing disrepair claim commences when the landlord is notified, not when a clam is issued in court
• Pre-allocation costs may be recovered if properly argued
• Since 1 October 2023, CPR 46.11(2) was removed, making early cost applications vital.

8. What makes a good witness statement?

A witness statement should:

• Be in the witness’s own words and taken promptly (PD32 18.1)
• Distinguish personal knowledge from second-hand information (PD32 18.2)
• Stick to facts, avoiding legal argument.

Failure to comply can lead to statements being challenged or disregarded.

9. How should I prepare a client for trial?

• Review their witness statement thoroughly
• Identify weak points—do not ignore inconsistencies
• Consider if oral expert evidence is needed
• Ensure the trial bundle is complete and agreed upon in advance.

10. What legal remedies are available to tenants?

A tenant can seek:

• Specific Performance – A court order compelling the landlord to carry out repairs
• Mandatory Injunction – An urgent order requiring immediate action
• Declaration – A legal finding confirming the landlord’s breach
• Damages – Compensation for inconvenience, distress, and financial loss.

11. How are damages calculated?

Damages are typically assessed using:

• Notional rental reduction – A percentage reduction based on loss of enjoyment
• A global award – A lump sum for inconvenience
• A combination of both – Common in long-standing disrepair cases.

The case of Wallace v Manchester City Council [1998] remains the key authority on assessing quantum in housing disrepair claims.

12. What is the impact of ADR on housing disrepair claims?

Following Churchill v Merthyr Tydfil CBC [2023], courts strongly encourage Alternative Dispute Resolution (ADR) before litigation. This includes:

• Mediation
• The landlord’s internal complaints process
• Other dispute resolution mechanisms.

Courts may stay proceedings if ADR has not been properly explored.

13. When should an injunction be sought?

An injunction may be interim (temporary) or final (permanent). Courts apply the American Cyanamid test, considering:

• Is there a serious issue to be tried?
• Would damages be an adequate remedy?
• Where does the balance of convenience lie?

If repairs are urgently required, an application to obtain interim mandatory injunction may be the best course of action to take.

14. Does the 10% Simmons v Castle uplift apply to general damages in housing conditions claims?

The Court of Appeal in Khan v Mehmood [2022] confirmed that general damages in housing disrepair claims attract a 10 per cent uplift, aligning with Simmons v Castle.

15. What should be included in a declaration request?

A tenant may seek a declaration confirming:

• The landlord is in breach of their repair obligations
• The tenant is entitled to carry out repairs and deduct costs from rent
• The tenant’s actions will not be a breach of the tenancy agreement

Declarations are uncommon but can be useful where tenants self-fund repairs.