Housing disrepairHousing disrepair surveys and expert witness reports
A housing disrepair survey from Lansdown Associates gives the parties and the court an independent, evidence-based opinion on the condition of a rented home. Our RICS Chartered Building Surveyors inspect the property, test the allegations in the claim, identify what is disrepair and what is not, and produce a CPR Part 35 compliant expert report with a costed schedule of works. We act for tenants, private landlords, social landlords and their solicitors, and can be instructed by one party or as a single joint expert.
What is a housing disrepair survey?
Most residential tenancies carry obligations, implied by statute, for the landlord to keep the structure and exterior, and the installations for water, gas, electricity, sanitation and heating, in repair and to keep the home fit for human habitation. When a tenant says those obligations have been breached, a housing disrepair survey establishes the facts: what defects exist, what caused them, whether they fall within the landlord’s obligations, what work is needed and what it will cost.
The report is written for use in a claim, so it must be impartial, clearly reasoned and compliant with the Civil Procedure Rules.
The legal framework we report against
Our reports address the claim particulars under the relevant legislation, typically:
- Section 11, Landlord and Tenant Act 1985 – the landlord’s repairing obligations for the structure and exterior, and installations for water, gas, electricity, sanitation, space heating and hot water.
- Section 9A, Landlord and Tenant Act 1985 – the implied covenant that the home is fit for human habitation, inserted by the Homes (Fitness for Human Habitation) Act 2018.
- Section 10, Landlord and Tenant Act 1985 – the matters taken into account in deciding whether a home is unfit, including repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage, sanitary conveniences, cooking facilities and, for homes in England, any prescribed hazard under the Housing Health and Safety Rating System.
- Section 4, Defective Premises Act 1972 and common law claims in nuisance or negligence, where pleaded.
For social housing tenancies in England, Awaab’s Law now adds implied terms requiring landlords to investigate and deal with certain hazards within fixed timescales. Our damp and mould survey page summarises those timescales. We give expert opinion on the building; we do not give legal advice, and the legal merits of a claim are a matter for your solicitor. For a plain-English overview of these duties, including the notice requirement, see our guide to landlord repair obligations.
Common defects in housing disrepair claims
In most of the disrepair cases we are instructed on, the allegations include damp. Other common issues include:
- Faulty heating, boilers and leaking radiators
- Leaking roofs, gutters and downpipes
- Damaged or defective windows and doors
- Damp and mould, including alleged rising damp
- Unsafe stairs and floors
- Damaged brickwork, structural cracking and subsidence
- Defective drains and plumbing leaks
- Vermin and other risks to health
Where damp and mould is the central allegation, the case usually turns on causation: is it condensation linked to heating, ventilation and occupation, or water getting in through a building defect? Our specialist damp and mould expert witness service focuses on exactly that question.
Pre-Action Protocol for Housing Conditions Claims
Most disrepair claims in England follow the Pre-Action Protocol for Housing Conditions Claims. The protocol encourages the parties to use a single joint expert where possible. Where the parties cannot agree, it allows a joint inspection by each party’s expert at the same time. It expects the inspection to take place within 20 working days of the landlord’s response to the letter of claim and the report to follow within 10 working days of the inspection.
Under the protocol, the expert is expected to provide a schedule of works, an estimate of the cost of those works and a list of any urgent works. We plan our instructions around those timescales: we book the inspection within 5 working days of instruction and aim to provide the report within 10 working days of the inspection.
What our expert report includes
Every housing disrepair report is prepared in accordance with CPR Part 35 and Practice Direction 35. It includes:
- A statement of the instructions received and the issues we were asked to address.
- A record of the inspection, with photographs of each allegation.
- Diagnostic results where needed, such as moisture readings, calcium carbide tests, salt analysis, thermography, and temperature, relative humidity and dew point readings.
- Our opinion on each item: whether disrepair or unfitness is present, its likely cause and whether it relates to the claim particulars.
- A costed schedule of works, identifying any urgent items.
- An estimated duration of the works.
- A statement that we understand and have complied with our duty to the court, and a statement of truth.
Our approach
- Claim received – we review the letter of claim and instructions to establish the extent of the allegations.
- Property inspection – we assess all accessible areas and record the evidence for each allegation.
- Testing and analysis – we carry out the diagnostic tests needed to reach an evidence-based opinion.
- Report – we provide a Part 35 compliant report with our findings, costed schedule of works and conclusions.
- After the report – we answer written questions on the report and, where required, take part in expert discussions, prepare joint statements with the other party’s expert and give evidence in court.
Case study: a damp allegation that was not disrepair
In one instruction, the occupants alleged a roof leak and had an expert report supporting their claim. Our surveyor mapped temperature, relative humidity and dew point in each room and found an ambient temperature of 14°C and relative humidity of 85%. Using psychrometric data, we showed how heating the home to normal levels would significantly reduce the relative humidity and the risk of condensation. Our Part 35 report concluded there was no evidence of a statutory breach giving rise to the issues identified. Read the full housing disrepair case study.
Why instruct Lansdown Associates?
- Independent and impartial – our duty is to the court, whoever instructs us.
- RICS Chartered Building Surveyors – we are RICS regulated and experienced in building pathology.
- Experienced expert witness – our director John Jackson MRICS MEWI is a member of the Expert Witness Institute.
- Both sides of the claim – we act for tenants, private landlords and social landlords, which gives us a balanced view.
- Coverage across England and Wales – offices in Liverpool, Manchester and London, accepting housing disrepair and expert witness instructions for properties in England and Wales.
Frequently asked questions
Who can instruct a housing disrepair survey?
Tenants, landlords (private and social) and solicitors acting for either side. We can also be instructed jointly as a single joint expert.
What is a CPR Part 35 report?
It is an expert report prepared under Part 35 of the Civil Procedure Rules. The expert’s overriding duty is to help the court on matters within their expertise, and that duty overrides any obligation to the person instructing or paying them.
Do you provide a costed schedule of works?
Yes. Every report includes a costed schedule of works and an estimated duration, and lists any urgent works separately.
Can you comment on another expert’s report?
Yes. We can review an opposing expert’s report and set out where and why our opinion differs, within the scope of our instructions and the court’s directions. Where the court directs, we also take part in discussions with the other party’s expert, prepare joint statements setting out the matters agreed and not agreed, and give evidence in court.
Is every damp problem in a rented home disrepair?
No. Damp caused by condensation may not amount to disrepair under section 11, although it may be relevant to fitness for human habitation or the HHSRS. Establishing the cause is central to our report.
Instruct a housing disrepair surveyor
To discuss a new instruction, check our availability or request a free quotation, call 0151 374 0905 or email office@lansdownassociates.co.uk, Monday to Friday, 09:00 to 17:00. We usually respond within one working day.
Related services
- Damp and mould surveys – independent investigation into the cause of damp and mould.
- Damp and mould expert witness – specialist causation evidence for damp-led claims.
- Schedule of condition surveys – a photographic record of a property’s condition at a fixed point.
- Planned and preventative maintenance surveys – reduce future disrepair with planned repairs.