Housing disrepair claims continue to receive significant attention, with increasing scrutiny on how landlords respond to reports of damp, mould and other repair issues. As the Renters’ Rights reforms continue to reshape the private rented sector, landlords should ensure they understand what happens if a claim is made and how expert evidence is used.
What happens when a claim is made?
Where a tenant brings a housing disrepair claim, an independent Chartered Surveyor may be instructed to inspect the property and prepare an expert report.
These reports are commonly prepared in accordance with Part 35 of the Civil Procedure Rules and consider whether the condition of the property amounts to a breach of a landlord’s legal repairing obligations, including Sections 9A, 10 and 11 of the Landlord and Tenant Act 1985 and, where applicable, the Defective Premises Act 1974.
The inspection normally covers both the inside and outside of the property and will:
- Identify alleged defects.
- Consider the likely cause of each defect.
- Include photographic evidence.
- Recommend any remedial works.
- Provide estimated repair costs, often within a Scott Schedule used during litigation.
Why does this matter?
The surveyor’s report often becomes one of the key pieces of evidence if a dispute proceeds through the courts.
It helps establish:
- Whether disrepair actually exists.
- Whether the landlord is legally responsible.
- Whether defects were caused by tenant behaviour, lifestyle or external factors.
- The extent of any remedial works required.
An independent report can therefore support either party’s case depending on the evidence found.
The importance of early action
Most landlords will never face formal legal proceedings if maintenance issues are identified and addressed promptly.
Good practice includes:
- Encouraging tenants to report repairs as soon as they arise.
- Keeping comprehensive maintenance records.
- Responding promptly to reports of damp and mould.
- Recording inspections with photographs.
- Retaining invoices and contractor reports.
- Following up to ensure repairs have been completed satisfactorily.
These records can prove invaluable should a dispute later arise.
Increasing expectations on landlords
Housing standards have become an increasing focus for government, regulators and the courts. Alongside the introduction of Awaab’s Law in the social housing sector and the forthcoming Private Rented Sector Landlord Ombudsman, expectations on landlords to investigate and resolve housing condition issues continue to rise.
The emphasis is no longer simply on carrying out repairs—it is also about demonstrating that concerns have been investigated appropriately and acted upon within a reasonable timeframe.
Our advice
Most disputes can be avoided through good communication, regular inspections and prompt maintenance.
If you receive correspondence from a solicitor or claims management company regarding alleged disrepair, do not ignore it. Seek professional advice immediately, review your inspection and repair records, and respond within the required timescales.
Maintaining accurate documentation throughout a tenancy remains one of the strongest forms of protection available to landlords.