If you need a Part 35-compliant Housing Disrepair Report, please contact us at instructions@perituslegalsolutions.com.
With the aging of England’s rented housing stock and the introduction of new legislation, there has been a significant rise in housing disrepair claims.
In 2016, one-fifth of dwellings across all tenures failed to meet the Decent Homes Standard. Over a third (36%) of homes built before 1919 were classified as non-decent, with an average repair cost of £9,991 to bring them up to standard.
Torus Surveyors are RICS-Registered Expert Witnesses, fully familiar with The Civil Procedure Rules Part 35 and the associated Practice Direction, ensuring all reports meet the required standards.
Section 11 of the Landlord and Tenant Act 1985 places a legal duty on landlords to perform specific repairs, including:
These obligations cannot be waived or overridden by terms in the tenancy agreement.
When repairs under Section 11 are required, the landlord is also responsible for restoring internal decorations and addressing any resulting damage caused while fixing the issue.
In the case of Grand v Gill [2011], the court clarified that “the structure” of a residential property includes internal plasterwork, further expanding the scope of Section 11 obligations.
This Act does not impose a specific obligation on landlords to carry out repairs. Instead, it places a duty of care on landlords to prevent personal injury or property damage caused by a relevant defect. This duty applies not only to tenants but also to household members, family, friends, and visitors.
Whether you are a solicitor seeking a Part 35-compliant report for a client’s property disrepair case, or a housing association or private landlord who has received a Letter of Claim from a tenant, Peritus Legal Solutions is here to help.
The Pre-Action Protocol for Housing Conditions Claims (England) encourages the use of experts, ideally a single joint expert with separate instructions. Peritus Legal Solutions is fully prepared to act in this capacity.
However, if the parties cannot agree on a single joint expert, the protocol recommends arranging a joint inspection, where separate experts for each party inspect the property simultaneously. Peritus Legal Solutions can coordinate with both tenants and other experts to schedule a mutually convenient time for the inspection.
Please reach us at instructions@perituslegalsolutions.com if you cannot find an answer to your question.
It’s a detailed report documenting property defects, safety risks, and their impact on tenants.
It provides expert evidence, supporting claims of property damage and its effects on health and safety.
Our expert witnesses are certified professionals with extensive experience in property assessments and legal cases.
Typically, reports are delivered within 7 to 10 working days after the assessment.
Details on the property’s condition, any reported damage, and access for an on-site inspection are needed.
Yes, our expert witnesses can provide testimony in court if required.
No, you can engage our services directly, though having a solicitor may be beneficial.
The report serves as key evidence to prove disrepair, supporting compensation or repair claims.
We cover damp, mould, structural damage, pest infestations, and other safety-related issues.
They can provide legal representation, using our expert report to build and strengthen your case.
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