Housing Disrepair Claims Review: What Happens Next?

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The Government’s Open Call for Evidence on housing disrepair claims officially closed on 12 February 2026, marking the end of an important consultation to inform their review of how housing disrepair claims are being handled across England.

The review, launched jointly by the Ministry of Housing, Communities and Local Government (MHCLG) and the Ministry of Justice (MoJ) in December 2025, sought views from tenants, landlords, solicitors, claims management companies and housing professionals on whether the current system is working fairly and effectively.

Now that the consultation has closed, the big question is… what happens next?

 

Why was the Call for Evidence launched?

The Government launched the review following:

  • A significant rise in housing disrepair claims
  • Concerns about the activities of some claims management companies and solicitors
  • Growing pressure on social landlords facing rising legal costs
  • Wide-ranging debate about access to justice, proportionality and resident outcomes

 

At the same time, the Sector has seen increased scrutiny from:

  • Housing Ombudsman Service (HOS)
  • Regulator of Social Housing (RSH)
  • Solicitors Regulation Authority (SRA)
  • the Courts

 

Together, these developments suggest that the entire disrepair landscape is now under the closest scrutiny in history.

 

What have stakeholders said?

National Housing Federation (NHF)

The response of the National Housing Federation (NHF) supported the Government’s efforts to improve routes to redress for residents, while also raising concerns about the behaviour of some claims management companies and legal firms.

The NHF stated that some practices may:

  • Pose financial and mental wellbeing risks to residents
  • Encourage claims inappropriately
  • Undermine confidence in the complaints and legal process

 

The NHF also welcomed the Government’s attempt to ensure the system remains fair and effective for both residents and housing providers. 

 

Solicitors Regulation Authority (SRA)

Meanwhile, the Solicitors Regulation Authority (SRA) confirmed that housing disrepair claims remain a key focus area within its wider work on high-volume consumer claims.

The SRA has:

  • Published a thematic review into high-volume claims work
  • Issued warnings to firms around marketing and client onboarding
  • Confirmed ongoing investigations into firms operating in the disrepair claims market
  • Highlighted concerns around vulnerable clients and 'one-size-fits-all' approaches to claims handling 


In January 2026, the SRA also confirmed that it was investigating ten firms in relation to concerns about conduct in housing disrepair claims and issued a Warning Notice on the use of ‘No Win, No Fee’ agreements in high-volume consumer claims amid multiple concerns about their misuse.

 

Chartered Institute of Housing (CIH)

The Chartered Institute of Housing (CIH) also responded to the Call for Evidence, stating that residents should have access to safe, decent and healthy homes, with any disrepair addressed promptly and effectively, with legal action sometimes 'necessary and appropriate'.

It has also stated its recommendations, which include:

  • Strengthening early resolution and system design
  • Protecting vulnerable residents and improving informed consent
  • Aligning cost and incentive structures with safety and repair
  • Improving coordination, trust and accountability

 

What hasn’t happened yet?

At the time of writing, the Government has not yet published its formal response to the Call for Evidence and there is no clear timeframe for when it will.

There have also been:

  • No confirmed reforms to the Pre-Action Protocol for Housing Conditions Claims
  • No announcement extending Fixed Recoverable Costs (FRC) to housing disrepair claims
  • No major legislative changes to the disrepair claims framework itself

 

What might happen next?

Based on the consultation, stakeholder feedback and wider regulatory activity, the Sector expects continued focus on:

  • Earlier and more proportionate dispute resolution
  • Better evidence and inspection standards
  • Greater scrutiny of legal conduct and referral arrangements
  • Potential reform of costs and litigation processes
  • Improved alignment between complaints handling and legal redress

 

At the same time, the Government has recently confirmed that the exemption preventing housing disrepair claims from entering the Fixed Recoverable Costs (FRC) regime will continue until 2028.

Alongside the Ministry of Justice’s ongoing Stocktake of the Fixed Recoverable Costs (FRC), this suggests that the future costs and conduct framework for disrepair litigation remains under active review.

 

Why does this matter?

Housing disrepair claims remain an essential route to justice for tenants living in unsafe or unhealthy home and there is a growing consensus across the sector that the system must:

  • Deliver better outcomes for residents
  • Encourage early resolution where possible
  • Discourage poor practice and weak claims
  • Maintain public confidence in legal redress

 

For landlords, solicitors and housing professionals alike, the future of disrepair will be shaped by evidence, proportionality, accountability and resident outcomes and not simply volume litigation.

 

How can DISREPAIR AWARE help?

Many rented homes are not inspected regularly or maintained properly - we want to help improve housing conditions for everyone.

DISREPAIR AWARE helps:

 

You can find more news and insights about housing disrepair on our Blog.

 

 

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