When Disrepair Claims Go Wrong: Lessons from a £9,000 Court Order
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Disrepair claims protect residents living in unsafe or unhealthy homes.
When claims are used properly, they are an important tool for accountability and improving standards.
When claims are poorly prepared, weakly evidenced or pursued without proper professional judgment, they can fail, sometimes with serious consequences for the solicitors and residents involved.
A recent case involving City of York Council, widely reported across legal and local government media, is a stark example of this.
What happened?
A housing disrepair claim brought on a 'No Win, No Fee' basis was struck out by the Court.
The Judge found that the claim had been pursued without sufficient evidence and the solicitors’ conduct fell below acceptable professional standards.
As a result, the claimant’s solicitors were ordered to pay £9,414 in wasted costs to the Council.
The Court described aspects of the conduct as “borderline negligent”, citing failures including:
- Bringing a claim without adequate inspection evidence
- Poor preparation and case management
- Inadequate consideration of whether the claim should have been issued at all
Why do wasted cost orders matter?
A wasted costs order is a serious sanction - it means the Court believes legal costs were incurred unnecessarily due to a solicitor’s improper, unreasonable or negligent conduct.
These orders are rare, but when they happen, they send a strong message that:
- Solicitors must act independently and in their client’s best interests
- Claims must be properly evidenced before proceedings are issued
- 'High‑volume' or automated approaches do not excuse poor legal judgment
The Judge was clear that the claim should never have progressed in the way it did and, therefore, this was a ruling about professional responsibility and not against tenants’ rights.
What does this mean for tenants and leaseholders?
Cases like this risk undermining confidence in legitimate disrepair claims.
Tenants and leaseholders with genuine disrepair issues may:
- Become wary of seeking legal advice
- Be encouraged into claims that are not properly explained
- Face disappointment when poorly prepared cases fail
- Suffer financial loss if their claim is unsuccessful
Disrepair claims should empower residents and not expose them to risk or confusion.
What does this mean for landlords?
For landlords, particularly councils and housing associations, such a case reinforces the importance of:
- Challenging weak or speculative claims robustly
- Maintaining strong repair records and inspection evidence
- Engaging early to resolve genuine issues before claims escalate
It also highlights that the courts are willing to intervene where the system is misused.
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.