9:40 AM, 4th February 2026, About 6 days ago 11
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Housing disrepair claims now risk doing more harm than good for tenants, a legal expert has warned.
Des Taylor, a legal expert at Landlord Licensing & Defence, says the current system has become driven by financial incentives for solicitors, often rewarding legal process over practical outcomes.
Mr Taylor is calling on the government to fix the system and move housing disrepair claims from the County court to the First-tier Tribunal.
Housing disrepair claims are legal action taken by tenants against landlords who fail to fix property defects, providing tenants with a clear route to have genuine disrepair addressed and to receive compensation when landlords fail to meet their obligations.
However, Mr Taylor says the balance has now been lost, with financial incentives becoming more important than tenants’ wellbeing.
He said: “This was supposed to be about fixing homes and putting things right.
“Instead, it has become a system where the economics of legal costs frequently matter more than the condition of the property or the wellbeing of the tenant.”
The legal expert says tenants often gain little from this escalation and urgent repairs are frequently deliberately delayed.
Mr Taylor warns tenants are advised by their solicitors not to allow works to take place, on the basis that it could weaken the claim.
He explains: “In some cases tenants are told to report every minor issue back to the solicitor instead of the managing agent. Each email then becomes another line on a costs schedule. Meanwhile, the tenant has to continue living with the problem, which could be something as hazardous as damp and mould. Not because of the landlord, because of the solicitor.”
Mr Taylor explains under the current framework, claimant solicitors are financially encouraged to issue proceedings quickly because their ability to recover significant legal fees only crystallises once a disrepair claim reaches court.
There is a ‘pre-action protocol’ which is meant to promote early dialogue and repairs. However, in reality, proceedings are often launched at the slightest suggestion that a procedural step has not been followed precisely.
Mr Taylor says: “The moment a claim is issued, cooperation stops being rewarded. Everything becomes about generating documents, reports and procedural steps, all of which increase billable fees for the solicitor. That is when the whole dynamic shifts away from solving the problem.”
He warns warns that for claims falling between the small claims track and the fast track, the compensation received by tenants can vary considerably, while claimant solicitors may recover substantial legal fees even when the damages awarded are relatively modest.
Mr Taylor said: “That is how you end up with cases where a tenant receives a few thousand pounds while the legal bill runs into tens of thousands.
“We are seeing examples where a tenant is paid £4,000, a quarter of that is deducted plus VAT, and then a costs claim of more than £22,000 lands on the landlord’s desk. So, the tenant ended up with just £2,800 while the solicitor received £23,000. Such figures are no longer unusual.”
However, Landlord Licensing & Defence says some courts have begun to push back, with instances of judicial criticism where solicitors were found to have inflated costs without advancing repairs.
There have also been cases where wasted costs orders were issued after conduct fell below expected professional standards.
Mr Taylor warns that tenant disrepair claims move slowly through an already strained court system, leaving straightforward cases waiting months for hearings, while landlords who wish to act cannot gain access and tenants remain in poor conditions.
He says more fundamental reform is needed, including moving housing disrepair claims into the First-tier Tribunal.
“The county court is a blunt and inefficient tool for this kind of dispute. It is formal, procedural, and adversarial. The only parties who reliably benefit from delay are those recovering fees,” he says.
“The tribunal looks at reality. It considers the condition of the property, the behaviour of both sides, and what needs to happen next. Costs are contained, and the emphasis is on getting repairs done.”
The government has launched an open call for evidence on housing disrepair claims, examining whether fee structures unfairly prioritise legal costs over tenant compensation.
Mr Taylor says the government must take action to fix the system.
He said: “There is a real concern that tenants are being funnelled into firms based on referral fees rather than quality of advice. That encourages volume and cost maximisation, not good housing outcomes.
“Tenants deserve safe homes and fast remedies. Landlords deserve a process that does not punish engagement or expose them to unpredictable costs.
“Until incentives are realigned, conflict, delay and spiralling fees will remain the norm.”
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Mark Williams
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Member Since January 2026 - Comments: 3
9:45 AM, 4th February 2026, About 6 days ago
I’m going through this right now, it’s a nightmare…
Chris @ Possession Friend
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Member Since May 2016 - Comments: 1560 - Articles: 16
11:11 AM, 4th February 2026, About 6 days ago
Reply to the comment left by Mark Williams at <a href="04/02/2026″ rel=”ugc”>https://www.property118.com/housing-disrepair-claims-fail-tenants-and-landlords-legal-expert/#comment-202003“>04/02/2026 – 09:45We are currently helping 2 Landlords with Disrepair claims.
There isn’t a need in majority of cases for Tenant to instigate legal proceedings ( other than the monetary gain, of course ! )
As for rectifying repairs, the speediest manner to achieve this by far, is a report to the Local Authority who have a duty to inspect and issue an Improvement Notice if defects are found.
This is the fastest way to achieve repairs for a Tenant, and reluctant Councils can be obligated to take action if they are initially slow to do so.
Of course, there’s no money in that for Tenants or the legal profession, which tends to go back to the central point made, is that its less about disrepair, and more about money. !
Mark Williams
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Member Since January 2026 - Comments: 3
11:25 AM, 4th February 2026, About 6 days ago
Reply to the comment left by Chris @ Possession Friend at 04/02/2026 – 11:11
Hi Chris, my tenant went straight to council who gave me an informal repair notice, she didn’t notify me of the disrepair, I replied stating my intention to carry out works but tenant requested for the works not to be carried out as she was moving out (I notified the council of this) and she would keep me posted. 10 months down the line and after me serving Section 8 for rent arrears, and monthly calls with her housing officer, she is filing a disrepair claim against my eviction notice… I believe it’s the only way a tenant can get legal aid to defend an eviction is if they counterclaim (but I may be wrong)..
Chris @ Possession Friend
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Member Since May 2016 - Comments: 1560 - Articles: 16
11:28 AM, 4th February 2026, About 6 days ago
Reply to the comment left by Mark Williams at 04/02/2026 – 11:25
Your not wrong Mark,
Contact us for some initial advice –
[email protected]
homemaker
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Member Since August 2019 - Comments: 62
11:28 AM, 4th February 2026, About 6 days ago
I also have some experience of this with a claim for black mould and damp. I was confident that I had taken all reasonable steps to investigate and remedy. The solicitors were insisting on an independent survey and I requested a visit from the local Environmental Health team who arranged an inspection subsequently cancelled by the tenant. I provided the solicitors details of all the actions taken and advised them I was happy for a survey to be undertaken but not at my cost. After a couple of months I contacted them again and was advised no further action was planned – good of them to let me know! Hopefully the proposed remediation scheme will avoid no win/no fee claims.
homemaker
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Member Since August 2019 - Comments: 62
11:42 AM, 4th February 2026, About 6 days ago
Reply to the comment left by Mark Williams at 04/02/2026 – 11:25
The fact that the council did not take any formal action at the time and haven’t subsequently must support your case.
Mark Williams
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Member Since January 2026 - Comments: 3
12:25 PM, 4th February 2026, About 6 days ago
Reply to the comment left by at 04/02/2026 – 11:42
I have started a Possession Online claim and the council has subsequantly issued a Repair Notice (November 2025). The tenant then requested no works (and refused entry to do works) until after her surveyor could come and do a full survey to support her claim..
She’s claiming between £17,500 & £30,000 compensation..
All propped up by legal aid so I have virtually zero chance of reclaiming any costs if I do win..
The system is broken..
AJR
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Member Since July 2014 - Comments: 56
19:37 PM, 4th February 2026, About 5 days ago
So far this has never happened to me.
However this is a huge risk for all of us.
The system is just plain wrong and must be put right.
My sympathies lie with all those affected by this legal sham.
Ma'at Housing Solutions
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Member Since April 2023 - Comments: 83
9:23 AM, 5th February 2026, About 5 days ago
As a former local authority Housing officer for many years, I have been bamboozled by the complete failure of many local authorities to both private tenants and Landlords to work proactively with both parties.
The majority of landlords in the private sectors are decent, law abiding landlords who are committed to complying with their regulatory and mandatory duties.
However, the sad reality is that there are rogue Landlords who not only do not comply, but whose conduct is potentially criminal by failing to provide mandatory Tenancy documents ie EPC’s, Gas Safety Certificates and especially ‘How To Rent Guides. There is evidence of fraudulent EPC’s ( when no EPC visit and assessment was conducted) and Gas Safety Certificates which state that smoke alarms were checked, when there were no smoke alarms in the property.
Liverpool City Council’s Private Sector Housing Team’s conduct is particularly egregious as they routinely fail to address concerns/ complaints raised about disrepair and damp and mould in the accommodation which has been reported to the landlord and not addressed.
Tenants have been harassed, intimidated and in some cases threatened with physical violence by some Landlords, for reporting their concerns to Liverpool Council!
Instead of this local authority complying with statutory duties to mediate and Prevent or Relieve the risk of homelessness, this council continues to advise tenants to remain in their accommodation until a Bailiffs warrant is issued.
Rarely will they take any Enforcement action against such rogue Landlords and agents.
Failures such as these risk tarring all private sector landlords in Liverpool with the same brush and undermine the good Landlords we have.
Tenants are unable to access legal aid for most housing disrepair cases and rogue Landlords and agents are aware of this.
I agree with other commenters that the primary beneficiaries of this broken system are the solicitors and the plethora of ‘housing disrepair claim companies’ as ” there is money to be made ” regardless of the Landlord’s willingness to address the disrepair or the tenants living in conditions with disrepair and damp and mould.
I want to know who is actually checking the local authorities conduct and statutory failures to both tenants and Landlords?!
Chris @ Possession Friend
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Member Since May 2016 - Comments: 1560 - Articles: 16
9:32 AM, 5th February 2026, About 5 days ago
Reply to the comment left by Ma’at Housing Solutions at 05/02/2026 – 09:23
Well said that man, Totally agree.
It would be good to chat offline Ma’at ?
[email protected]