Housing Disrepair Claims – A Growing Concern

Housing Disrepair claims continue to increase in prevalence, and Keoghs work with a number of landlords across both social and private housing in investigating and managing those claims.

The current legal landscape of Housing Disrepair claims allows some tenant solicitors to prioritise cost building ahead of what should be the primary goal of these claims – namely (1) prompt repairs to the property and (2) negotiating fair compensation.

Keoghs have developed and implemented strategies to directly counter that conduct, resulting in significant savings for our clients – as demonstrated by a recent result at the County Court at Lincoln.  

Tenant Solicitor’s Cost Building Tactics

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 as a result a number of the cost building strategies are being replicated in Housing Disrepair claims.

The two primary tactics that are used to maximise costs are:

1. Questionable independent expert reports – with the RICS having issued a Practice Alert in April 2025 to its members detailing concerns as to experts’ independence; and
2. Solicitors acting contrary to the court rules – with the SRA in December 2025 having stated its concerns about how the market for high volume consumer claims is leading to consumers facing harm.

Keoghs has a well-established history of creating and successfully implementing ‘Know Your Opponent’ strategies to directly address these issues.

The Lincoln Case – Disrupting Tenant Solicitor’s Tactics

At a recent case management hearing the major issue in dispute (as with many Housing Disrepairs claims) was allocation.

As the damages claimed are often well below £10,000 the claims would in principle be suitable for the Small Claims Track, meaning that legal costs are largely non-recoverable.

However, the separate claim for specific performance allows the tenant solicitors to seek allocation to the Fast Track, which in turn allows costs to be recovered on the standard hourly rate basis.

Accordingly, there is a clear incentive for a tenant solicitor to issue and secure allocation 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 the Lincoln case our client (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 solicitor issued court proceedings, seeking both damages and an order for specific performance.

Despite the tenant having retained exclusive possession of the property, and therefore being fully aware of the works that had been completed, The Particulars of Claim were vague as to which works were outstanding – a common tactic that tenant solicitors hope will secure allocation to the Fast Track.

A Strategic Success

Keoghs raised the tenant solicitor’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 tenant to pay our client’s costs of preparing for and attending the hearing, on the standard basis.

Keoghs’ strategy was therefore successful in both securing recovery of our client’s costs, and in preventing the tenant solicitor from continuing to incur legal costs.

Where the number of Housing Disrepair claims being presented continues to grow, minimising landlord’s outlay requires a clear strategy from the outset for both:

1. dealing with any necessary works promptly; and,
2. countering the tenant solicitor’s tactics

If you have any questions or would like to instruct Keoghs, please get in touch.

Author

Ian Toft

Head of Housing Disrepair