The message to landlords that came out loud and clear from a recent roundtable event hosted by the Capsticks’ Housing Management team with our local authority and RP clients was the importance of reliable repair records when defending disrepair claims by tenants. With invaluable insight from barrister Andrew Byles, an expert with encyclopaedic knowledge of housing law, the need to maintain credible and justified records of the repairs that have been made to your stock, when and why is often the key to successfully defending such claims.  

Key elements of a disrepair claim

 When considering any disrepair claim, it is worth keeping a sharp focus on the five matters that the tenant must prove to succeed in their claim. These are: 

1. The landlord is under an obligation to repair something at the property; 
2. That something is in disrepair;  
3. The landlord had notice of the disrepair; 
4. The landlord failed to carry out the repair within a reasonable period of receiving that notice, and 
5. Due to the landlord's failure, the tenant’s use and enjoyment of the property have been interfered with, and/or loss has been caused (i.e., damage to possessions).  

How do you deal with the above five elements? 

The first element can be left to lawyers to consider, what repairs a landlord is responsible for, whether from the express terms of the tenancy agreement of obligations implied by statute (although you will need to be aware of what you’re responsible for in dealing with day to day reports of disrepair from tenants).  

For the second element, whether something is in disrepair, will often be something for an expert (usually a qualified surveyor) to determine having inspected the subject property. The fifth element will be a decision for a judge at trial unless the lawyers for each party can agree (and often do) on what appropriate compensation, if any, should be paid to the tenant. 

That leaves elements three and four – whether notice has been given by the tenant and whether works were done in a reasonable length of time. These are in your control, and failure to keep accurate records often becomes apparent with hindsight when dealing with a disrepair claim several years down the line. Not only will you need to be able to show what works were done and when, but you’ll also need to have proof of this – a post-inspection form signed by the tenant is the best line of defence. 

It’s also important to explain why you did the work. Tenants often report symptoms of disrepair rather than causes, so using a “sticking plaster” to cover up something more sinister might not have the long-term effect that is desirable. Therefore, it is beneficial when defending such claims to be able to work backwards and give reasons to why particular works were done at a specific time. 

What does it mean?

Covering these four bases will significantly increase your chance of defending disrepair claims (and remembering your three“Rs”) 

As lawyers instructed to defend claims on behalf of landlords, we often see that repair records which are either incomplete or inaccurate can often make a case swing in favour of the tenant . Although the compensation element is often relatively low, the costs bill can be significant and often disproportionate, which makes good record keeping, even more important and commercially necessary.   

How Capsticks can help 

At Capsticks, we aim to be the firm of choice for those who work to make a difference. Our experienced team is here to help you and your organisation understand your obligations, advise and train on best practice processes, and support with disrepair claims. If you have any queries about what's discussed in this insight, please speak to Jonathan Davidson to find out more about how Capsticks can help.