Christopher Machin discusses Housing Disrepair Claims

Based on the number of enquiries coming into chambers, it appears that there has been a marked increase in interest in respect of housing disrepair claims recently. This is possibly due to the 2021 Whiplash Reforms, which have restricted a key income stream for many firms of solicitors. Many firms are now turning to housing disrepair claims as an alternative, but these are often more complicated and there are many pitfalls for new practitioners to fall foul of. In a series of articles, Christopher Machin addresses some of the main issues in these types of cases and provides useful links to other sources of information.

England’s Housing Stock

The English Housing Survey  is published annually by the Department for Levelling Up, Housing and Communities. The survey provides useful information about England’s housing stock and is worth reading in detail. For example, the most recent headline report (click here to view) found that:

• There are 15.6 million owner occupied households, representing 64% of all households in 2021-22.
• The private rented sector makes up 4.6 million or 19% of households.
• At 4.0 million households (17%), the social rented sector is the smallest tenure, following a longer-term downward trend that stabilised over the last decade.
• In 2021-22, more households (10% or 2.5 million) rented from housing associations, and fewer (6% or 1.6 million) from local authorities. This was not the case a decade ago, when 9% (2.0 million) rented from housing associations and 8% (1.8 million) rented from local authorities.
• The private rented sector had the highest proportion of non-decent homes (23%) while the social rented sector had the lowest (10%).
• Problems with damp were most prevalent in the private rented sector, with 11% of dwellings having reported a problem in 2021. A small proportion of owner occupied dwellings (2%) and occupied social rented dwellings (4%) had problems with damp.

Axiomatically, housing disrepair claims require a landlord/tenant relationship, and so 64% of the England’s housing stock falls outside of this. Claims will therefore relate to either rental properties in the private rented sector (19%) or social rented sector (17%).

The English Housing Survey can also challenge common perceptions which arise due to media coverage. For example, issues with damp and mould in houses have been widely covered in the press recently although the data suggests this is not a significant problem in social housing (4%). The figure of 11% suggests this is more of an issue in the private rented sector.

What the above findings show is that the private rented sector appears to be a more fruitful source for these types of claims and solicitors may wish to target their marketing accordingly. Most local authorities and housing associations are also experienced in defending disrepair claims, which can impact on the prospects of success.

Equally, when assessing the quantum of general damages for the loss of comfort and convenience in disrepair claims, courts usually award a percentage of the rent for the relevant period. As rents in the private rented sector are often higher than those for social housing, this can significantly increase the value of claims, which in turn impacts on whether the claim gets allocated to the Fast Track or Multi-track, rather than the Small Claims Track.

The full 2021 – 2022 report has not yet been published and so practitioners should consider the previous year’s report, particularly the housing quality and condition report (click here to view). This provides a range of useful data, including the types of property where disrepair is more likely to be a problem and a breakdown by region.

The purpose of this article is to provide information and promote discussion. The contents of this article should not be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute. Nothing in this article should be construed as legal advice or perceived as creating a barrister-client relationship.

Christopher Machin is known for his detailed case analysis, client-focused approach and thorough cross-examination skills. He acts for both landlords and tenants in public and private cases, and accepts instructions in cases involving: disrepair, possession proceedings, anti-social behaviour, homelessness, unlawful eviction, trespass, committals and all types of injunctions.

If you would like to book Christopher, please contact one of his clerks:

Senior Clerk – Andy Reeves on 0113 213 5252

Talia Webster on 0113 202 8609

Joshua Duree on 0113 213 5246

Mike Alexander on  0113 2135254