The Evolving Landscape of Housing Disrepair: Insights, Challenges, and Opportunities for Landlords
Forward?
In 2016, I attended a conference on disrepair and heard tales of woe from my counterparts in London and the Midlands. Claims farmers were going door to door in council estates, and Liverpool, Manchester and London based no-win no-fees were targeting council tenants further and further afield. Other than a few coming through the door in Bristol, my colleagues in the Westcountry had not had even a whiff of a claim. In any case, I headed the warning, took my notes, and saved them for a rainy day. That day did not come until three years later, when we received our first disrepair claim. The first of the 2019 claims did not reach court until 2023 and 2024, respectively. Fortunately for us, both settled in the Council’s favour. Unfortunately for the claimants, this left them bearing costs of nearly £10000 and £5000, respectively, to cover our costs. In the former case, the tenant was left with a CCJ for this amount, but due to a combination of dyslexia and poor communication from their solicitor, they did not even realise that this was the case. ?
We have seen that claims have steadily been increasing, and whilst the majority appear to be false, spurious, or not actionable, they are time-consuming and costly to defend. Networking with other landlords on the issue has been invaluable and successful practice seen elsewhere has been brought into our standard procedure with positive outcomes. ?
Although promising talk of fixed costs for disrepair gave a glimmer of hope, progress seems to have faltered. The Churchill vs Merthyr Tydfill case has offered some positive progress, though it is yet to be seen how exactly this may be applied in the types of disrepair claims we see. Fortunately, this ties in well with a recent push from the Regulator for Social Housing and the Housing Ombudsman Service on improved complaints handling across the sector. ?
As a smaller housing provider, with just less than 3000 homes, networking with other landlords has been crucial to protecting Housing Rent Account revenue. As a believer in good record keeping and data collection, I have been tracking claims, costs, and outcomes since the first claim. What we have been lacking, however, is a benchmark to compare our performance. Even in cases where I have a known about other housing providers’ figures, they do not always mean a lot, as they can be influenced by so many other factors. Without a benchmark, how do we know whether what we are doing is working, or not? This led to a new project, which commenced in October 2024, to start collecting data from council housing providers across the UK. Due to differences in legislation, this report focusses on English councils.?
Introduction to the report?
?This report examines trends in housing disrepair claims across UK councils, analysing data collected through Freedom of Information (FOI) requests. Around 70 stock-owning Councils responded to the request for information. The study considers multiple factors influencing disrepair claims, including stock size, geographic location, urban versus rural settings, and the socio-economic context of tenants. Additionally, it accounts for the impacts of key legislative and societal events, such as the Grenfell Tower tragedy, the COVID-19 pandemic, and the 2019 Homes (Fitness for Human Habitation) Act. There are several limitations and exclusions, which are noted at the end. ?
The data is anonymised, and most figures non-specific. You may note that financial figures and numbers of claims are removed from graphs. This is partly to protect struggling councils from being further targeted by unscrupulous claims farmers and to save the full report as added value to encourage councils and housing associations to share their data to support the project. The longer-term aim is to share more detailed information with those who have contributed to the data, and to offer to include housing associations where they are willing to share their own data. ?
The main purpose of the data collection project and subsequent report is to breakdown performance into ‘per 1000 homes’ figures, to draw some more meaningful conclusions, and identify more reliable trends. ?
1. Overview Housing Disrepair Claims?
?What Are Disrepair Claims??
?Disrepair claims arise when tenants take legal action against their landlords, alleging failure to maintain properties to a legally acceptable standard. These claims are governed by the pre-action protocol for housing disrepair, which aims to resolve issues without court proceedings. If claims are proven, tenants may be entitled to compensation for personal inconvenience, damage to belongings, or adverse effects on health.?
Key Legislative and Societal Influences?
It is important to note that a significant feature in disrepair claims, especially post 2018, relate all or in part to claims of damp and mould. Unlike most other area of disrepair, it is one of the most difficult to demonstrate causation, actionability and responsibility.?
2. Stock Size and Its Impact on Disrepair Claims?
The size of a council’s housing stock is one of the most significant factors in the number of claims received, as in its ability to manage repairs, respond to tenant needs, and defend against disrepair claims.?
Key Observations by Stock Size?
3. Trends Over Time – Claims Received?
Councils across all stock sizes have reported an increase in both claims and average compensation amounts. This trend reflects growing tenant awareness of rights, the influence of claims farming organisations, and operational challenges in housing management.?
Year-on-Year Increases in Claims ?
The data shows a significant increase in the number of claims received by councils over the six years from 2018-19 to 2023-24, with the most dramatic rises occurring after 2021. Below is a year-by-year analysis of the trend:?
2018-19 to 2019-20:? The average number of claims increased from 6 to 8, representing a 33% rise. This may reflect the early impact of the Homes (Fitness for Human Habitation) Act 2019, which gave tenants greater legal recourse to challenge disrepair issues.?
2019-20 to 2020-21:? The average claims dropped slightly, from 8 to 7 (12.5% decrease). This decrease may be attributed to the onset of the COVID-19 pandemic, which disrupted access for inspections and repairs, delaying claims.?
2020-21 to 2021-22:? Claims rose sharply from 7 to 13, a 85.7% increase, likely driven by increased tenant awareness following the publication of the Housing Ombudsman’s “It’s Not Lifestyle” report. This report empowered tenants to push back against the narrative of tenant lifestyle being the root cause of damp and mould issues.?
2021-22 to 2022-23:? The average number of claims nearly doubled, rising from 13 to 25, a 92.3% increase. This coincides with growing media coverage of disrepair issues and the increased involvement of claims management companies targeting vulnerable tenants.?
2022-23 to 2023-24:? The rise in claims slowed slightly, increasing from 25 to 28, a 12% rise, reflecting the sustained impact of media scrutiny and tenant empowerment campaigns, particularly after the 2023 coverage of Awaab Ishak’s death.?
Overall Trend:?
Over the six-year period, the average number of claims increased from 6 to 28, a staggering 366.7% increase. This demonstrates the growing pressures faced by councils to address disrepair claims, particularly as tenants and legal representatives become more proactive in pursuing compensation.?
4. Trends over time – Settlement?
Trends in settlement vs. being closed or going dormant?
The average settlement percentage across all years (in either favour) is approximately 21.57%.?
This analysis underscores the importance of improving claim-handling processes and understanding the factors influencing why many claims remain unresolved or unrecorded as "settled."?
Our experience shows that the majority of disrepair claims go "dormant," where the claimant's solicitor ceases communication, leaving the claim unresolved. Often, tenants are unaware that their claim has stalled and believe their case is still being pursued. This misunderstanding can lead to continued refusal of access for necessary repair works, further delaying resolutions.?
This lack of progress damages the tenant-landlord relationship, fostering mistrust and frustration. Tenants frequently feel unsupported and unsure of the status of their claim, creating a sense of being "left in limbo." Meanwhile, landlords face the challenge of trying to address repairs and engage with tenants who may have lost confidence in their ability to resolve the issues.?
Efforts to address this dynamic should include better communication, proactive follow-ups, and ensuring tenants are fully informed about the status of their claim and any steps they can take to resolve their housing issues.?
Trends in Claims Settling in Claimants' Favour?
The percentage of claims settling in the claimant's favour has also increased steadily, reflecting either stronger tenant cases or a shift towards early settlements to avoid protracted legal costs.?
2018-19: 1 of 6 claims settled in favour of the claimant (16.7%).?
2019-20: 2 of 8 claims settled in favour of the claimant (25%), a 50% increase in the percentage compared to the previous year.?
2020-21: 2 of 7 claims settled in favour of the claimant (28.6%), a 14.3% increase in the percentage from the prior year.?
2021-22: 3 of 13 claims settled in favour of the claimant (23.1%), a slight decrease in percentage (-19.2%), potentially due to councils defending more claims.?
2022-23: 5 of 25 claims settled in favour of the claimant (20%), another decrease in percentage (-13.4%). This may reflect councils adopting more robust case-by-case defences.?
2023-24: 8 of 28 claims settled in favour of the claimant (28.6%), a 43% increase in the percentage compared to the previous year, possibly due to increased pressure from media scrutiny and claims farming activity.?
Overall Trend:?
While the percentage of claims settling in the claimant's favour fluctuates year-to-year, the overall trend shows an upward trajectory from 16.7% in 2018-19 to 28.6% in 2023-24, representing a 71.3% increase over six years. This indicates that claimants are either presenting stronger cases or councils are settling more claims to minimise legal expenses and reputational risk.?
5. Trends in Disrepair Claims: Settled in Claimants’ vs. Defendants’ Favour?
Analysis of the trends in disrepair claims settlements from 2018-19 to 2023-24 reveals important developments regarding how claims are being handled by landlords and tenants. Here's a breakdown of the trends and insights:?
Claims Settled in Claimants’ Favour?
Year-on-Year Growth: Claims settled in favour of claimants increased from 1 per council in 2018-19 to 3.81 in 2023-24, a 281% increase over the six years.?
This consistent rise highlights the growing success of tenant claims, driven by increased tenant awareness, media coverage (e.g., the Awaab Ishak case), and legal changes such as the Homes (Fitness for Human Habitation) Act 2019.?
Percentage Increases:?
Claims Settled in Defendants’ Favour?
Year-on-Year Growth: Settlements in defendants’ favour have also risen from 0.36 per council in 2018-19 to 1.45 in 2023-24, a 303% increase over the six years.?
However, the rise in defendant success appears to lag behind the claimant trend by about 2-3 years, indicating that landlords are gradually realising the importance of defending claims robustly, even to the extent of proceeding to court.?
Percentage Increases:?
Comparison of Trends?
Future Implications?
This summary highlights that while landlords are slowly closing the gap, tenant claims remain more successful overall, indicating a need for continued improvement in council response, legal understanding, and compliance efforts.?
6. Trends in Compensation?
The data highlights year-on-year changes in compensation paid by councils across different housing stock sizes. Below is a breakdown of key figures and observations:?
Graph Placeholders?
7. The Courts vs The Housing Ombudsman Service?
The Housing Ombudsman Service’s performance data highlights differences in maladministration rates and compensation trends compared to the claims success rates you provided for councils. Here is a breakdown:?
Maladministration Rates?
Compensation Ordered?
Comparison with Disrepair Data?
Your council’s disrepair data shows an increasing success rate for claimants, rising from 17% in 2018-19 to 29% in 2023-24. In contrast, the Housing Ombudsman’s findings of maladministration remain significantly higher (around 49%).?
This suggests that courts might be more conservative in settling claims compared to the Housing Ombudsman, due to stricter evidence thresholds.?
The data suggests that a tenant is more likely to be successful if they approach the Housing Ombudsman Service, however compensation on average is lower than those ordered through the courts. The key factor, however, is that there is no risk to tenants associated with the Housing Ombudsman approach and the service will never ask a tenant to pay a landlord’s costs where a complaint is false, spurious, or vexatious. ?
8. Geographic and Rural vs Urban Trends?
Geographic Trends?
Urban vs. Rural Differences?
Urban councils face unique challenges, including:?
Urban housing providers report an average of 25% more claims per property compared to their rural counterparts—demonstrating the strain of denser populations on property management
9. Socio-Economic Factors and Core20?
What is Core20??
Core20 refers to the most deprived 20% of the population in England, based on measures of deprivation outlined in the Index of Multiple Deprivation (IMD). These areas are characterised by:?
Core20 areas are more likely to house vulnerable populations who are disproportionately affected by poor housing conditions. This makes them more susceptible to damp, mould, and disrepair issues, creating fertile ground for claims farmers and legal firms targeting compensation claims.?
Impact of Core20 on Disrepair Claims?
a. Housing Stock and Conditions?
b. Council Resources?
c. Vulnerability to Claims Farmers?
d. Household Vulnerabilities?
e. Settlement Approaches in Core20 vs Non-Core20 Areas?
Deprivation is a key driver in claims frequency: properties in the most deprived areas see up to 35% more claims than those in more affluent neighbourhoods
10. Limitations ?
FOI Process?
The data analysis is constrained by several limitations:??
The FOI process was impressive, with many councils demonstrating their commitment to transparency by responding within statutory timelines. This is a positive reflection on local government accountability. However, the lack of comprehensive historical data in some cases indicates a need for better data management practices.?
Administrative Approaches?
Councils reported varying strategies for managing claims:?
11. Additional observations?
?Good practice and high performance:?
?I noted particularly good practice and/or performance from the following councils:?
Largest payouts:?
2023-23 was the most significant year on average in relation to claimant costs and compensation, with one landlord paying out more than £1.3 million in compensation and claimant costs alone. ?
2023-24 saw a significantly higher investment in external costs (expert and legal), which led to a comparative reduction in claimant costs paid, suggesting a change in strategy. ?
Misunderstanding of Landlord’s rights to defend claims and claim costs back?
A few responses noted that it was not possible to provide a response to ‘claims settled in the defendants favour’ because the only two options are for claims to be settled in the favour of the claimant or would be closed/go dormant. The reality is that a landlord is fully entitled to defend a claim through to court and either settle or seek judgment in their own favour and claim their own costs back from the claimant. This is a crucial point, as without financial risk to unscrupulous non-win no-fee solicitors and to claimants themselves, claims will only ever increase, and there will be no incentive to use risk-free alternative dispute resolution.?
Other factors:?
Speaking with individual councils, there are a host of other factors influencing on disrepair performance. Age and type of stock is significant, with many councils struggling with pre-1900, non-traditional and high-rise stock. Equally, staffing issues play a significant part with high staff turnover having an impact on continuity of cases. ?
12. Conclusion and Recommendations?
This analysis highlights the complex and evolving nature of disrepair claims in social housing. Key trends include rising claims volumes, increasing settlements in tenants’ favour, and significant regional and stock size variations. External factors such as Grenfell, Covid-19, and legislative changes have played a major role in driving these trends, alongside ongoing challenges in managing older housing stock and addressing tenant concerns.?
Despite these insights, gaps in data availability and quality remain a barrier to fully understanding the scale and impact of disrepair claims across the UK. Councils must prioritise improving data collection and record-keeping systems to better track claims, identify problem areas, and implement proactive maintenance strategies. By doing so, housing providers can mitigate risks, enhance tenant satisfaction, and ensure compliance with evolving housing standards.?
?Key findings include:?
Recommendations?
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Senior Building Surveyor at whg. BSc Hons
2 个月Insightful, a great research
Director of Communities
3 个月That's an excellent piece of research Rosie to a problem that cannot be ignored but nor should third parties be making a mint out of the suffering of others.
Senior Leader / Director / Head of Service | MCIOB, IOSH, CSCS
3 个月Kevin Quinn
Senior Leader in the Social Housing sector
3 个月Will Woodward
Director | Surveyor | Registered Valuer
3 个月Liam Atkinson MRICS