Housing Disrepair Expert Witness

What is a housing disrepair expert report?

A housing disrepair expert report is an independent surveyor’s assessment of the condition of a rented home, prepared as evidence in a claim between tenant and landlord. It records defects such as damp, mould, leaks and structural movement, explains their likely causes, and relates them to the landlord’s obligations under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018. The report gives solicitors, judges and the parties an objective technical picture of the property, in place of competing accounts and photographs.

When do tenants and landlords need one?

Expert evidence is usually needed once a disrepair complaint moves from correspondence towards a formal claim. Typical triggers include:

  • Persistent damp and mould that the landlord has failed to resolve after notice.
  • Leaking roofs, defective windows, failing heating or unsafe electrics.
  • Cracking or movement suggesting a structural problem.
  • Counterclaims for disrepair raised in possession proceedings.

Tenant solicitors instruct us to evidence the claim; landlords and housing providers instruct us to verify, scope or challenge one. In many county court cases we act as single joint expert for both parties.

What happens during the inspection?

We visit the property at an agreed time and inspect each affected room methodically, using moisture readings, photographs and measurements to record the defects and trace their probable causes, distinguishing building failures from condensation linked to heating and ventilation. We note what repairs have been attempted and whether they have worked. The inspection is carried out with courtesy to the household and, in our experience of London housing stock from Victorian conversions in Notting Hill to post-war estates, usually takes a matter of hours rather than days.

What the report covers

The report describes the property and tenancy context, lists each defect with photographs and its probable cause, and gives our opinion on whether it constitutes disrepair or renders the home unfit for human habitation under the 2018 Act. We assess hazards with awareness of the Housing Health and Safety Rating System (HHSRS), recommend a schedule of remedial works with realistic timescales, and comment on how long problems appear to have existed. The report is CPR-compliant, including the expert declarations and statement of truth the court requires.

What affects the cost?

Fees are quoted case by case rather than from a fixed price list. The main variables are the size of the property and the number of defects alleged, travel and access arrangements, whether we are instructed by one party or as single joint expert, the volume of correspondence and repair records to review, and whether answers to Part 35 questions or attendance at court are later needed. For straightforward county court claims the exercise is deliberately proportionate, reflecting the modest value of many disrepair cases.

Court-ready evidence from RICS chartered surveyors

Disrepair litigation moves quickly and judges have little patience for vague or partisan reports. Our housing disrepair work is carried out by RICS-qualified chartered surveyors, and every report is prepared under CPR Part 35, with our overriding duty owed to the court whoever instructs us. That means findings we can defend on inspection evidence, causation explained rather than assumed, and remedial recommendations that are proportionate. The same discipline serves tenants seeking repairs and compensation, and landlords who need a reliable account of what is, and is not, wrong.

Damp and mould: getting the diagnosis right

Damp and mould dominate modern disrepair claims, and they are also where reports most often go wrong. Rising damp, penetrating damp, plumbing leaks and condensation each have different causes, different remedies and different implications for liability. Mould driven by a building defect points to the landlord; condensation can involve ventilation, heating and how the home is used, and frequently a combination. Our reports set out the diagnostic evidence, moisture profiles and observations, so the court can see why we attribute each problem to its cause.

Contact Notting Hill Surveyors

If you are a tenant living with disrepair, or a landlord or solicitor handling a claim, an independent expert report will put the case on a solid footing. Contact Notting Hill Surveyors to discuss the property, timescales and fees in confidence; we accept instructions from either party and as single joint expert across London.