As demonstrated in our Ask the Leader video series, maintaining the condition of properties and addressing disrepair when it is reported remains a key consideration and priority for registered providers of social housing.
The Chief Executives we heard from refer to a number of key themes within housing disrepair which we regularly see in our work acting for registered providers who find themselves on the receiving end of those claims for disrepair.
Targeted Claims
It is not uncommon for particular streets or areas to be targeted by companies who are looking to encourage tenants to pursue disrepair claims. Whilst some of those may have genuine merit, we have helped registered providers successfully defend a number of claims in recent months where the claim appeared to have been initiated via this targeted encouragement. In a number of those claims we secured costs orders against the tenant due to those claims having no merit.
This demonstrates, particularly where a “blip” is seen, that particular attention ought to be paid to the claims brought by tenants in that area to properly determine which, if any, have genuine merit.
Records
A key part of any claim brought for disrepair are the records. Disclosure of documents relating to repair of a property is required within 20 working days of receipt of the letter of claim alleging disrepair. It is therefore vitally important that those records are complete and accurate in order that a landlord can rely on the records in any housing disrepair claim and a court can have confidence in their accuracy.
A key element of our recent successes at trial has involved being able to demonstrate to the judge that, as the records are accurate, the tenant cannot have reported disrepair as there is no mention of that in the records. This demonstrates the importance of those records and how vital it therefore is to ensure their accuracy.
Access
Access to properties remains a key issue for registered providers. As we enter a stage where all COVID-19 restrictions may be lifted, it is more important than ever for registered providers to ensure that properties are inspected when necessary and repairs are completed when reported.
We are aware of the access issues highlighted in the video by the Chief Executives and regularly encounter cases where tenants repeatedly fail to provide access for inspections or repairs. In those cases, we would actively encourage registered providers to seek to enforce their contractual and statutory rights of access by way of access injunction proceedings. A successful application for an access injunction may result in a reduction of any damages which may potentially be paid to a tenant for disrepair, a costs order against the tenant and / or their solicitor (potentially to be offset against a damages award) or result in a claim for specific performance against a landlord being struck out. Most importantly, it should assist a landlord in gaining access to the property in order to complete repairs and comply with its repairing obligations.
Summary
The Chief Executives recognise that disrepair claims are a big issue for Registered Providers and in our view the COVID-19 pandemic has created more challenges, for example cancelled inspections, backlog of works and shortage of materials. It is more important than ever for landlords to take a proactive approach to repairs in order to deal with these issues head on and mitigate the challenges that disrepair claims present.
If you require any assistance relating to anything covered in this blog then do not hesitate to contact our Housing and Regeneration Team.
