Housing Disrepair Claims Are Rising: What Evidence Do Tenants Need?

Housing disrepair litigation has increased significantly across England, with new research highlighting a sharp rise in claims against council housing providers and growing scrutiny of the expert evidence used in legal proceedings.

Housing Disrepair Claims Are Rising: What Evidence Do Tenants Need?


Housing disrepair litigation has increased significantly across England, with new research highlighting a sharp rise in claims against council housing providers and growing scrutiny of the expert evidence used in legal proceedings.

Housing Disrepair Claims Increase Sixfold

An investigation published by Inside Housing on 20 October 2026 examined the growing number of legal claims involving poor housing conditions.

According to figures reported in the investigation, the average number of annual disrepair claims per council housing provider increased from 32 in 2019 to 198 in 2024.

This represents an increase of more than six times over the five-year period.

The figures highlight the increasing pressure on social landlords to address maintenance problems and respond effectively to complaints from tenants.

Housing disrepair disputes frequently involve persistent damp, mould, water leaks, defective heating systems, structural damage and other conditions affecting residents' quality of life.

Expert Evidence Comes Under Scrutiny

The investigation also raised concerns about the reliability and quality of expert witness reports used in housing disrepair proceedings.

Independent surveyors and other specialists may be instructed to assess the condition of a property, identify defects and recommend necessary repairs.

Their findings can play an important role in determining whether a landlord has breached its legal obligations.

However, expert reports must be objective, accurate and supported by appropriate evidence.

Disagreements about the cause or extent of property defects can complicate legal proceedings and increase costs.

What Evidence Should Tenants Collect?

Tenants who believe their landlord has failed to maintain their property should keep detailed records of the problems experienced.

Useful evidence may include dated photographs, videos, emails, repair requests and correspondence with the landlord.

Medical records may also be relevant where residents believe poor housing conditions have affected their health.

Tenants should record when defects first appeared, when the landlord was notified and what action was subsequently taken.

Evidence of damaged belongings or additional expenses may be relevant to a compensation claim.

Can Tenants Claim Compensation?

Under the Landlord and Tenant Act 1985, many residential landlords have statutory repairing obligations.

The Homes (Fitness for Human Habitation) Act 2018 also provides important protections for eligible tenants in England.

Depending on the circumstances, tenants may seek repairs, compensation or other legal remedies.

A successful claim generally requires evidence establishing the relevant legal obligation and the landlord's failure to comply.

How Miya Solicitors Can Help

Miya Solicitors can advise tenants about housing disrepair claims, evidence requirements and possible legal remedies.

The rise in litigation highlights the importance of addressing property defects promptly while ensuring that claims are supported by reliable evidence.

Source: Inside Housing – Housing Disrepair Legal Claims and Expert Witnesses: Inside Housing Investigates a System Facing Mounting Scrutiny, 20 October 2026

Source link: https://www.insidehousing.co.uk/insight/housing-disrepair-legal-claims-and-expert-witnesses-inside-housing-investigates-a-system-facing-mounting-scrutiny-98437

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