Open Call For Evidence: Housing Disrepair Claims

Reading Time - About 2 minutes:

As expected, the Government has announced that it is seeking views on housing disrepair claims and if the current system is working as intended.

On 4 December 2025, it launched a Call for Evidence on housing disrepair claims in the social rented sector with a deadline for submissions of 12 February 2026

It’s a significant move, with the potential to shape future policy, legislation and enforcement.

This is a once-in-a-generation opportunity for landlords, tenants, legal professionals, surveyors and others involved in disrepair cases to share their experiences, good and bad, to help shape the Government's understanding of how the disrepair landscape is evolving.

Why is the government reviewing housing disrepair claims?

Over the last few years, there’s been a sharp rise in housing disrepair claims, particularly against social landlords.

While some see this as a positive sign of tenants and leaseholders asserting their rights, others argue that the claims process is being misused or exploited.

According to the Ministry of Housing, Communities and Local Government (MHCLG), the Government wants to understand:

• The scale and drivers of disrepair claims in the social housing sector
• If the current legal process works for both tenants and landlords
• The role of claims management companies and legal firms in bringing cases
• Any evidence of unethical or aggressive practices
• Whether the Pre-Action Protocol for Housing Conditions Claims is effective

Why is being asked?

The Call for Evidence includes a varied and searching set of questions, grouped into themes such as:

• The tenant experience
• Landlord responses
• Legal costs and settlements
• The role of third parties (e.g. surveyors and legal firms)
• Ideas for reform

The Call for Evidence referred to the recently published thematic review report and discussion paper by the Solicitor Regulation Authority (SRA) on high-volume consumer claims, including housing disrepair, which raised concerns that some of those operating in the sector may not be fulfilling their obligations to always act in their clients’ best interests and follow all the relevant rules and regulations.

What could change?

While the Call for Evidence doesn’t propose any new policies yet, it could pave the way for the following in the future:

• Regulatory reform of claims handling
• Amendments to the Pre-Action Protocol, which was introduced in 2003 and updated in 2020
• Stricter rules on legal costs or third-party involvement
• A complete ban on referral fees, which are endemic
• Greater expectations on landlords to proactively manage repairs and tenant engagement

This process sits alongside wider reforms such as Awaab’s Law, stronger consumer regulation and renewed focus on stock condition and complaint handling.

Why does this matter?

Disrepair claims sit at the intersection of housing quality, tenant and leaseholder rights and legal accountability.

When the claims process works well, it empowers residents to demand safe, healthy homes, especially when other routes have failed.

When it doesn't, it risks becoming adversarial, expensive and open to abuse.

This Call for Evidence gives stakeholders across the sector a rare opportunity to influence how disrepair is managed in the future.

It’s a chance to:

• Highlight what’s working and what isn’t
• Share concerns about misuse or unfair practices
• Propose reforms that protect tenants and promote fair, proportionate resolution
• Ensure the system works for those it's meant to serve, which is residents living with serious, unresolved repairs

Whether you’re a frontline housing officer, a legal professional, a resident advocate or a board member, your perspective is valuable.

The more balanced and constructive input the government receives, the more likely it is that future reforms will be both effective and proportionate.

We will provide further news and insights in relation to the Call for Evidence in due course.

How can DISREPAIR AWARE help?

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

We help tenants and leaseholders understand their rights and get support and help registered providers, private landlords and managing agents to understand their obligations and get compliant.