‘Housing Disrepair’ claims are continuing to increase in popularity, and Keoghs is fortunate to work with a number of landlords across both social and private housing in investigating and managing those claims.
Where there have been delays with carrying out works, our clients are eager to remedy any disrepair and are more than happy to compensate their tenants.
However, the current legal landscape of Housing Disrepair claims puts what should be the primary goal of these claims – namely (1) ‘repairs to the property’ and (2) ‘tenant’s compensation’ – on the backburner, with the true chief goal of some claimant firms being to maximise their potential costs claims.
It is clear that Housing Disrepair claims have filled a void in the legal sector that was created by the reforms to personal injury claims introduced in May 2021, and that a number of the ‘bad habits’ that became prevalent in the previous era of volume PI claims are being replicated in Housing Disrepair claims. The two primary issues are questionable independent expert reports and solicitors acting contrary to the court rules.
Fortunately, the relevant regulatory bodies are aware of those issues, with the RICS having issued a Practice Alert in April 2025 to its members detailing concerns as to experts’ independence, and the SRA in December 2025 having stated its concerns about how the market for high volume consumer claims is leading to consumers facing harm.
We are also pleased to confirm that the courts are alive to the above issues, as per a recent claim that Keoghs dealt with in the County Court at Lincoln. The major issue in dispute, as with many Housing Disrepair claims, was allocation.
Briefly, the ‘damages’ claimed are often well below £10,000, making them suitable for the Small Claims Track, meaning that legal costs are largely non-recoverable.
However, the separate claim for ‘specific performance’ allows the tenant – or more accurately, their solicitors – to seek allocation to the Fast Track, which in turn allows cost to be recovered on the standard hourly rate basis.
As such, there is an argument that it would be in the best interests of a solicitor acting for a tenant in those claims for any claim to be issued and allocated before all repair works are complete – even if those works have been admitted and agreed by the landlord and are in the process of being actively arranged.
In a recent case Keoghs dealt with, our client as the landlord had admitted the presence of disrepair at the property and promptly served a Schedule of Works alongside a response to the Letter of Claim. Our client immediately began arrangements for the agreed works to be carried out.
Despite the works having been almost entirely completed, the tenant issued court proceedings, seeking both damages, and an order for specific performance.
The Particulars of Claim were deliberately vague as to which works were outstanding, pleading both that the works were outstanding but also that “to the extent any of the works… have already been carried out, the claimant will seek an order in respect of their costs in accordance with” the case of Birmingham City Council v Lee [2008] EWCA Civ 891.
The claimant retained exclusive possession of the property at all times, so at the time of preparing the particulars they were fully aware that works had been completed, which raises serious questions as to why the pleadings were kept vague and non-committal.
Keoghs raised the claimant’s conduct at the first case management hearing, and the court accepted that there was no basis for the claim for specific performance to be maintained – as a result, the claim was allocated to the Small Claims Track.
Further, the court ordered the claimant to pay our client’s costs of preparing for and attending the hearing, on the standard basis.
As such Keoghs strategy was successful in both securing recovery of our client’s costs, and in preventing the tenant’s solicitor from continuing to incur legal costs.
Where the number of Housing Disrepair claims being presented continues to grow, a clear strategy for both dealing with any necessary works and managing the tenant’s solicitor is essential to managing landlords’ ultimate outlays.
Keoghs has a well-established history of creating and implementing ‘Know Your Opponent’ strategies to address the above conduct. If you have any questions or would like to instruct Keoghs, please get in touch.
Ian Toft
Associate - Property Risks & Coverage
01204 672 312.
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