Housing disrepair claims fail tenants and landlords – legal expert

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Housing disrepair claims fail tenants and landlords – legal expert

Housing disrepair claims now risk doing more harm than good for tenants, a legal expert has warned.

Des Taylor, a legal expert at Landlord Licensing & Defence, says the current system has become driven by financial incentives for solicitors, often rewarding legal process over practical outcomes.

Mr Taylor is calling on the government to fix the system and move housing disrepair claims from the County court to the First-tier Tribunal.

Economics of legal costs matter more than wellbeing of the tenant

Housing disrepair claims are legal action taken by tenants against landlords who fail to fix property defects, providing tenants with a clear route to have genuine disrepair addressed and to receive compensation when landlords fail to meet their obligations.

However, Mr Taylor says the balance has now been lost, with financial incentives becoming more important than tenants’ wellbeing.

He said: “This was supposed to be about fixing homes and putting things right.

“Instead, it has become a system where the economics of legal costs frequently matter more than the condition of the property or the wellbeing of the tenant.”

The legal expert says tenants often gain little from this escalation and urgent repairs are frequently deliberately delayed.

Mr Taylor warns tenants are advised by their solicitors not to allow works to take place, on the basis that it could weaken the claim.

He explains: “In some cases tenants are told to report every minor issue back to the solicitor instead of the managing agent. Each email then becomes another line on a costs schedule. Meanwhile, the tenant has to continue living with the problem, which could be something as hazardous as damp and mould. Not because of the landlord, because of the solicitor.”

Dynamic shifts away from solving the problem

Mr Taylor explains under the current framework, claimant solicitors are financially encouraged to issue proceedings quickly because their ability to recover significant legal fees only crystallises once a disrepair claim reaches court.

There is a ‘pre-action protocol’ which is meant to promote early dialogue and repairs. However, in reality, proceedings are often launched at the slightest suggestion that a procedural step has not been followed precisely.

Mr Taylor says: “The moment a claim is issued, cooperation stops being rewarded. Everything becomes about generating documents, reports and procedural steps, all of which increase billable fees for the solicitor. That is when the whole dynamic shifts away from solving the problem.”

He warns warns that for claims falling between the small claims track and the fast track, the compensation received by tenants can vary considerably, while claimant solicitors may recover substantial legal fees even when the damages awarded are relatively modest.

Mr Taylor said: “That is how you end up with cases where a tenant receives a few thousand pounds while the legal bill runs into tens of thousands.

“We are seeing examples where a tenant is paid £4,000, a quarter of that is deducted plus VAT, and then a costs claim of more than £22,000 lands on the landlord’s desk. So, the tenant ended up with just £2,800 while the solicitor received £23,000. Such figures are no longer unusual.”

Move housing disrepair claims to First-tier Tribunal

However, Landlord Licensing & Defence says some courts have begun to push back, with instances of judicial criticism where solicitors were found to have inflated costs without advancing repairs.

There have also been cases where wasted costs orders were issued after conduct fell below expected professional standards.

Mr Taylor warns that tenant disrepair claims move slowly through an already strained court system, leaving straightforward cases waiting months for hearings, while landlords who wish to act cannot gain access and tenants remain in poor conditions.

He says more fundamental reform is needed, including moving housing disrepair claims into the First-tier Tribunal.

“The county court is a blunt and inefficient tool for this kind of dispute. It is formal, procedural, and adversarial. The only parties who reliably benefit from delay are those recovering fees,” he says.

“The tribunal looks at reality. It considers the condition of the property, the behaviour of both sides, and what needs to happen next. Costs are contained, and the emphasis is on getting repairs done.”

Landlords deserve a process that does not punish engagement

The government has launched an open call for evidence on housing disrepair claims, examining whether fee structures unfairly prioritise legal costs over tenant compensation.

Mr Taylor says the government must take action to fix the system.

He said: “There is a real concern that tenants are being funnelled into firms based on referral fees rather than quality of advice. That encourages volume and cost maximisation, not good housing outcomes.

“Tenants deserve safe homes and fast remedies. Landlords deserve a process that does not punish engagement or expose them to unpredictable costs.

“Until incentives are realigned, conflict, delay and spiralling fees will remain the norm.”

Landlords and developers can book a no-charge, 10-minute diagnostic call with an expert on housing disrepair, improvement notices, HMO and selective licencing, planning enforcement, Rent Repayment Orders or other compliance matters by clicking here or by calling 0208 088 8393.

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Shelter CEO wants to work with private landlords

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Shelter CEO wants to work with private landlords

Shelter’s new chief executive hints she is willing to work with private landlords to tackle the housing crisis.

In an interview with Inside Housing, Sarah Elliott says she has had a constructive meeting with the chief executive of a landlord association.

Ms Elliott became the head of Shelter in September last year, after Polly Neate stood down following seven years in the role.

Going to have to work as a collective to end homelessness

Ms Elliott told Inside Housing that under her leadership, the housing charity wants to take a “convening role to get everyone around the table.”

She said she has already met with a private landlord association to discuss the impact of the Section 21 abolition under the Renters’ Rights Act. She did not name the association but hinted at a shift in the way Shelter engages with the private rented sector.

She told Inside Housing: “I think we’re very pragmatic, and I think our role will need to evolve. Where there are rogue landlords who are not doing the right thing, we clearly will not be on their side.

“But I do think we’re going to have to work as a collective if we’re going to improve the system and end homelessness.”

Ms Elliott added the housing charity wants to work with councils and housing developers to build more social housing.

Ms Neate criticised private landlords

This marks a shift from her predecessor, Polly Neate, who had criticised private landlords and accused the Conservative government of “bowing down to vested interests while renters are marched out of their homes in their thousands” over delays to the Renters’ (Reform) Bill.

Ms Neate also claimed that Section 21 evictions were a driving force behind homelessness, despite government evidence suggesting otherwise.

Last year, Ms Neate was nominated as a crossbench Peer in the House of Lords, with the Independent House of Lords Appointments Commission describing her as “an expert in social policy, specialising in housing, homelessness and violence against women and girls.”

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Welsh politicians clash over housing crisis as landlords exit

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Welsh politicians clash over housing crisis as landlords exit

A Welsh Conservative MS has slammed the Welsh government for legislation that has driven landlords out of the market and forced people into temporary accommodation.

During a Senedd debate on housing, Plaid Cymru MS Siân Gwenllian warned that Wales is facing a housing crisis, with many people stuck in temporary accommodation.

However, Welsh Conservative MS Janet Finch-Saunders raised the point that government legislation has forced landlords to leave the market, further deepening the crisis.

10,000 people trapped in temporary accommodation

Ms Gwenllian told the debate that Wales has seen a rise in homelessness and people stuck on social housing waiting lists.

She said: “Wales is in a housing crisis, and that crisis is deepening every day. The evidence is clear and consistent across the entire housing sector and the results can be seen on our streets and in our communities.

“Homelessness is still rising. Waiting lists for social housing are unacceptably long, numbering around 170,000 people at present. More than 13,000 people have sought homelessness support from local authorities in the last year alone.

“Last October, more than 10,000 people were trapped in temporary accommodation, including almost 3,000 children, many without access to cooking or laundry facilities, sometimes for months and even years.”

Private landlords exit the market

However, Ms Finch-Saunders argued government legislation pushing landlords out of the market has caused the housing crisis.

She said: “Would you accept some responsibility for this, when you’ve supported all the way through all of the new legislation that came in that has seen private landlords just exit the market? It is now costing, for somebody in a hotel, £100 a day per adult, £76 per child.

“If you work it out, for a mother and two children, that’s over £3,000. Those people could have actually been in a private rental for around £900 now, a month. Temporary accommodation spend has just gone up. Do you accept some responsibility for backing that legislation, which has seen so many people now seeking and living in temporary accommodation?”

More than 1,190 properties have been lost from the Welsh PRS

Ms Gwenllian claimed that Conservative policies have contributed to Wales’ housing crisis, such as right-to-buy.

She said: “The supply of social housing has been halved during this recent period, and that is because of an entirely intentional policy of the Tories, namely the right to buy policy. So, no, I don’t accept that the problem is as you characterise it; the problem rests with you.

“The reality is that the private rented sector is entirely unaffordable for many. Rents in Wales are rising at the fastest rate in Britain, while the local housing allowance continues to be frozen by the UK Labour government. The gap between what people receive and what they need is growing, and that is driving more and more people into poverty and homelessness.”

However, Ms Gwenllian failed to mention that, according to Welsh government data, since the last election, more than 1,190 properties have been lost from the Welsh private rented sector.

The Welsh Labour government has also come under scrutiny for introducing Rent Smart Wales, which requires landlords to register and license their properties.

You can watch a clip of the housing debate below

Plenary01_30_26_14_59_19(1)

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Tenants face stamp duty bills under periodic tenancies – Financial Times

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Tenants face stamp duty bills under periodic tenancies – Financial Times

The government is apparently working on a fix to an anomaly in the Renters’ Rights Act that could see huge numbers of tenants paying stamp duty.

According to the Financial Times, under current tax rules, an indefinite or periodic tenancy requires a stamp duty land tax calculation each year.

Liability is triggered once cumulative rent paid reaches £125,000, at which point tax becomes due.

To illustrate the point, the newspaper highlights a student let in London with eight friends paying £1,000 a month. That would equate to £96,000 annually and under the Act, the students would be a facing a stamp duty bill of £573 just after a year.

Tenants will face the bill from May when assured shorthold tenancies are scrapped and replaced with periodic tenancies.

Stamp duty on leases

The Financial Times reports that around 150,000 private renting households could fall within scope within three years, rising to 250,000 by 2031 as tenancies roll on.

Stamp duty on leases is charged at 1% of the net present value of rent above the £125,000 threshold.

While the sums involved are usually small, the administrative burden is not.

Tenants would need to calculate and submit returns annually; a process the paper says they are likely to expect or understand.

Tenants will need to file a return

Tenants will also need to know that late filing attracts an automatic £100 penalty, rising to £200 after three months.

However, reaching the stamp duty threshold would take time for most renters.

The average London tenant would need around six years of occupation before cumulative rent hits £125,000.

Periodic tenancies could be liable

A government official confirmed to the FT that newly defined periodic tenancies could become liable but said the vast majority of private tenants would never reach that point.

The official added that where a lease is renewed following renegotiation, the term is treated as starting again, limiting exposure.

They also said that any changes needed to ‘accommodate the new tenancy system’ would be announced in a Budget.

One option under consideration would be to delay filing and payment until the stamp duty due reaches £5,000.

That would restrict liability to high-value properties after many years of occupation.

A government spokesperson told the FT: “The department is aware of the potential issue, and we are looking at how best to resolve [it].

“It is not an immediate problem for any tenant.

“No one will be affected until the rent they are paying is worth more than £125,000 — which would take most tenants more than seven years.”

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Damp and mould remain major issues in temporary accommodation

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Damp and mould remain major issues in temporary accommodation

A third of temporary accommodation is deemed inappropriate and poses a risk to tenants, with more than half showing signs of damp and mould, according to new data.

Findings by Switch Management reveal that, despite Awaab’s Law coming into force last year for social housing, local authorities are still struggling to deal with damp and mould in temporary accommodation, as many continue to rely on bed and breakfast placements.

The findings come amid warnings from housing charities that temporary accommodation has become a “normalised emergency”.

Challenge for many councils is having the capacity and systems in place

Awaab’s Law requires all social housing landlords, including councils that manage housing, to fix dangerous damp and mould within strict timeframes and to complete emergency repairs within 24 hours.

The findings are based on 1,800 calls with tenants living in temporary accommodation, alongside 600 visits to bed and breakfasts and hostels being used as temporary accommodation.

The data shows that 50% of on-site inspections identified signs of damp, mould, infestations or other hazards, while 30% of rooms were deemed inappropriate and posed a risk to tenants.

John Angus, managing director of Switch Management, said many councils are struggling to keep pace with their responsibilities.

He said: “Proactive tenant engagement is now a critical part of compliance, particularly in temporary accommodation, where conditions and tenancies can change rapidly.

“Awaab’s Law sets clear, legally binding expectations around how damp and mould must be identified, recorded and resolved. The challenge for many councils is having the capacity and systems in place to deliver and evidence compliance across large and often complex portfolios.

“Our review highlights that it will be extremely difficult for existing council teams to complete the surveys and visits.”

Temporary accommodation statistics have become normalised

The news comes after housing charities gave evidence to the Housing Select committee on the conditions in temporary accommodation.

Matt Downie, chief executive of Crisis, claimed the temporary accommodation crisis was becoming a normalised emergency.

He told the committee: “When the records are broken every time new statistics come through, not just for temporary accommodation but children in temporary accommodation, there appears no way of generating greater political expediency through the statistics because they’re normalised.

“The use of temporary accommodation, the conditions of temporary accommodation and the fact that people are having to be advised all the time, unless you put up with it, you’ll be intentionally homeless. It’s very distressing for everybody involved.

Mr Downie says the focus should not be on temporary accommodation alone, as it represents only a part of the wider housing crisis.

He said: “I think it’s something that requires both a sense of political activity and urgency in how it is dealt with.

“It also cannot be thought of simply as an issue of temporary accommodation, because it is a subset of the wider housing crisis we have. If we just think about how to have better temporary accommodation, we’ll lose sight of the bigger picture.”

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More than 200,000 UK homes owned by overseas buyers

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More than 200,000 UK homes owned by overseas buyers

There are 202,568 homes in the UK that are now registered to owners based outside the country, research reveals.

The findings from Enness Global show that the total has barely shifted over the past 12 months, rising by just 0.02%.

The data also offers a snapshot of where foreign ownership is concentrated, and which nationalities dominate different areas.

London accounts for the largest share, with 33.9% of all homes linked to overseas addresses, and the South East follows with 17.2%.

The North West ranks third at 15.9%.

Overseas buyers’ role

The firm’s chief executive, Islay Robinson, said: “International buyers continue to play an important role in the housing market, particularly across London and the wider South East where demand from overseas homeowners has long been a key feature of market activity.

“What’s particularly notable is how stable the overall level of international ownership has remained, with the total number of homes registered to overseas addresses changing very little over the past year.

“This suggests that, despite a challenging economic backdrop and ongoing political and tax uncertainty, the UK remains a desirable place to own property for many global buyers.”

She added: “London remains the clear focal point, accounting for over a third of all internationally owned homes across England and Wales.”

Biggest overseas owners

Buyers from Hong Kong emerge as the most prominent group overall, responsible for 13.8% of all internationally owned homes nationwide.

Singaporean owners take second place at 7.9%, ahead of purchasers from the United States of America on 6.8%.

Next is the United Arab Emirates on 5.9% and China on 5.8%.

Malaysia, Ireland, Australia, Kuwait and Saudi Arabia complete the top 10.

Who owns what

Hong Kong nationals also lead in several major regions, including the capital, the North West, the West Midlands and Yorkshire and the Humber.

Elsewhere, Malaysian buyers top the table in both the East Midlands and the East of England.

Irish owners are most common in the North East, Kuwaiti nationals dominate the South East, and US buyers lead across the South West and Wales.

Within London, 68,729 homes are registered to overseas addresses and, of these, 18.7% are linked to Hong Kong owners.

Singapore follows with 12.9%, while China moves into third place at 11.9%, ahead of the USA at 5.9%.

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Fed up of the bad news? Landlords: If you want to sell and get out, we can help you

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Fed up of the bad news? Landlords: If you want to sell and get out, we can help you

Whether you’re an accidental landlord with a single property, or an owner with 100 properties, we’re all in the same boat. And I don’t just mean bored of the constant barrage of bad news.

This year is challenging. There’s no denying it. With the Renters’ Rights Act coming into play, plus new tax penalties and unrealistic regulations, it’s safe to say that either you don’t know where you stand, or you do and you don’t want to stand there anymore.

As Noel, a Property118 member, summarised perfectly: the “Renters’ Rights Act is a disaster.” He went on to say about the state of the property sector: “I think the plan is to keep people so downtrodden they won’t ever vote.”

Well he’s got a point. And the stats show you agree. With well over 80 landlords now contacting us every week to sell, your sentiments are the same: we’re out, but we need help.

So how do you sell without overpricing? Not to mention how do you avoid the long delays, price reductions or deals falling apart? And how do you work with someone who genuinely understands landlord property and can get the job done fast?

At Landlord Sales Agency we specialise in selling tenanted, recently vacated and soon-to-be vacant properties in a way that’s realistic, well-managed and designed to complete.

We’re not a traditional estate agent, and we’re not a fast-sale company either. Our focus is simply on certainty of sale at a fair, achievable price.

You can forget costly refurbs too. We have teams to help spruce up your properties with only what’s absolutely essential for your houses to sell, and our process is fast, gets the most achievable prices and allows you as a landlord to sit back and relax knowing it’s all in hand. How?

• We have an extensive database of over 30,000 active, chain free buyers looking to purchase anything from a single property to a full portfolio, allowing us to quickly match you with the perfect buyer.
• Buyers commit with non-refundable deposits, reducing fall-throughs
• We use realistic guide pricing to create momentum and competition, driving a bidding war on your properties
• And we work in combination with trusted local agents to ensure that your property is marketed via every possible avenue.

What’s more, our team of landlord experts is the best in the country at managing tenants, access and compliance.

We’re also completely transparent. We don’t promise the highest price at any cost. We focus on the best achievable price that actually completes. And it works. On average, all our properties sell in less than 28 days.

Throughout January and February, we’ll be focusing on properties from Liverpool, Nottingham, Manchester and Leeds, where our experts can get to you fastest.

If you’re a landlord looking to get out of this mess and start afresh, we’re here to help.

There’s no obligation to sell, and absolutely everything to gain. 

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Council’s citywide HMO licensing consultation to combat ‘public health crisis’

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Council’s citywide HMO licensing consultation to combat ‘public health crisis’

A council has unveiled a consultation on a new citywide licensing scheme for houses in multiple occupation.

Proposals for an additional HMO licensing scheme have been approved and now the council needs the views from residents, landlords, letting agents and businesses.

However, one news report quotes Salford City Council Mayor Paul Dennett declaring HMO issues are a ‘public health crisis’.

Manchester World also quotes the mayor in the meeting as saying: ‘Landlords should be ashamed of themselves operating these sorts of properties in the city of Salford.’

Concerning results

Mr Dennett also said: “It is important we drive up our housing standards as much as we can in Salford.

“Initial research by officers has shown some concerning results.

“Information shows that a huge proportion of Section 257 HMOs failed to meet expected property standards.

“Many properties were found to suffer from poor maintenance, damp and inadequate energy efficiency, resulting in cold and unhealthy living environments.

“And the majority also failed to meet minimum fire safety standards.”

He added: “These findings make it clear that as a local authority we should give consideration to use powers available to us and take action.

“People should be able to rely on a safe and well-managed home in this city.

“And residents living near HMOs should not have to put up with antisocial behaviour.”

Landlord fines reinvested

Under the Housing Act 2004, councils can introduce additional licensing where there is evidence that HMOs are being poorly managed.

Before licensing is introduced, the council must demonstrate the scale of the issue and take local opinion into account.

Last summer, the council said it had issued £2.2m in fines to landlords renting out unsafe homes.

More than £500,000 of that was levied against 26 HMO landlords in July alone.

The council says the cash has been reinvested into housing standards and inspection teams.

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Decent Homes Standard to apply to all private and social landlords by 2035

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Decent Homes Standard to apply to all private and social landlords by 2035

The government has confirmed all private and social landlords will need to meet the Decent Homes Standard (DHS) by 2035.

Generation Rent has accused the government of “dragging their feet” after opting for a 2035 target.

The news comes after the government confirmed all private landlords will need to meet EPC C targets by 2030.

Homes will be classed as non-decent if landlord has not remediated damp and mould

Under the new standard, landlords will need to meet certain criteria, including that homes must be in a reasonable state of repair and provide core facilities and services, including a kitchen with adequate space and layout, an appropriately located bathroom and WC, and adequate protection from external noise.

A government document says homes must also be equipped with child-resistant window restrictors and provide a reasonable degree of thermal comfort. This includes ensuring homes meet Minimum Energy Efficiency Standards.

Homes will be classed as non-decent if a landlord has not remediated damp and mould. More information on the criteria can be found by clicking here.

All tenants will benefit

Housing Minister Matthew Pennycook says too many tenants are living in poor quality housing, with 21% of homes in the Private Rented Sector (PRS) and 10% of homes in the social rented sector failed to meet the DHS.

He said: “Our new, modernised DHS is designed to meet modern expectations of housing quality. By setting out in plain terms a series of ambitious yet proportionate standards for landlords to adhere to, it will help ensure we continue to drive down rates of non-decency across the country.

“Importantly, our new DHS will apply to both the social rented sector and private rented sector, meaning that all tenants in rented housing will benefit, regardless of who their landlord is.

“This important reform is one of a series of changes this government has made to drive a transformational and lasting change in the safety and quality of our housing stock. Our expectations are clear: no tenant should have to live in unsafe conditions for any amount of time, and social and private landlords should act as quickly as possible to ensure their properties are decent.

“However, we recognise the significant challenges that landlords are facing as a result of the bold and comprehensive regulatory changes we are enacting. We are also acutely aware that we are asking social landlords to balance the competing demands of improving their existing stock and building more desperately needed social and affordable homes. As such, we have decided that all rented properties will be required to meet the new DHS by 2035 at the latest, an implementation timeline that gives social landlords in particular the time and the certainty they need to boost housing supply as well as drive up the quality of the homes they manage.”

Industry reaction to Decent Homes Standard

Ben Twomey, chief executive of Generation Rent, said on X, formerly Twitter: “It is absurd to let landlords drag their feet for an entire decade, denying renters the most basic standards in our homes.

“It will mean millions of renters, including children, trapped in poor-quality homes with nowhere to turn.”

Ben Beadle, chief executive of the National Residential Landlords Association (NRLA), said: “Providing a decent, safe place to live should be the top priority for any landlord. Whilst we will study the detail carefully, we broadly welcome the government’s plans, which provide much-needed clarity for both landlords and tenants about the standards that should be expected of homes to rent.

“That said, all the standards in the world will mean nothing without robust enforcement to back them up. At present, too many councils lack the staff and resources needed to find and root out rogue landlords. Our research also shows many councils are failing to collect civil penalties issued against landlords even where they have been issued.

“It is time to ensure enforcement is properly funded and targeted, so that the cost of action falls on those breaking the rules, not the responsible majority of landlords already doing the right thing.”

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MP raises concern over rent increases from Warm Homes Plan

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MP raises concern over rent increases from Warm Homes Plan

An MP has asked whether the government will prevent landlords from raising rents under the Warm Homes Plan.

In a written question, Labour MP Bell Ribeiro-Addy asked if the government will stop landlords from increasing rents after using grants and loans from the plan to fund energy efficiency measures.

The government has again insisted that landlords will not need to raise rents to meet EPC C targets by 2030 and that the Renters’ Rights Act will help tenants challenge any excessive increases.

Changes do not require landlords to increase rents

Martin McCluskey, Minister for Energy Consumers, said: “The Warm Homes Plan will lift up to one million households out of fuel poverty through public investment and new minimum energy efficiency standards for private landlords and proposed standard for social landlords. These changes do not require landlords to increase rents. Instead, they will help tenants cut their energy bills by delivering more energy-efficient homes.

“There is support available for landlords, financing options, as well as new protections for renters in the Renters’ Rights Act 2025 to challenge above-market rent increases. As now, landlords will still be able to increase rents to market price for their properties and an independent tribunal will make a judgement on this, if needed.”

He adds: “Landlords will have discretion between meeting the heating system standard and the smart readiness standard so that they can choose what is most appropriate for their property.

“We estimate the new private rented sector minimum energy efficiency standards (MEES) could lift approximately 415,000 households out of fuel poverty by 2030. A cost cap of £10,000, compared to £15,000, reduces the risk of cost pass-through to tenants whilst still delivering substantial improvements to homes.”

Landlords could face costly upgrades

However, Timothy Douglas, head of policy and campaigns at Propertymark, warned landlords could face costly upgrades to meet EPC C targets by 2030.

He said: “In the private rented sector, landlords are being asked to deliver, in many cases, substantial and costly upgrades to reach EPC C by 2030, yet this is being imposed without clear, long-term funding commitments, realistic delivery timescales, or sufficient flexibility for older, complex, and hard-to-treat properties.

“A phased and realistic approach would allow landlords to maintain the Decent Homes Standard, manage costs effectively, and contribute meaningfully to the UK Government’s ambition to achieve net zero by 2050.”

Also, as previously reported by Property118, a government consultation on meeting EPC C targets admits landlords may sell up or increase rents due to EPC rules.

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