An increasing number of complaints have been filed against surveyors in housing disrepair cases, prompting regulatory action and warnings to the profession.
RICS Investigates as Complaints Against Surveyors Rise
The Royal Institution of Chartered Surveyors (RICS) is currently investigating a surge in complaints related to the quality of surveyor reports.
The complaints allege that surveyors are producing generic, boilerplate reports that lack the necessary detail and independence, particularly in the context of housing disrepair claims.
This issue has become more prominent as the number of law firms specialising in these claims, especially in the North-West of England, has grown. A key concern is the potential for financial motivation behind these reports.
Lawyers have observed a pattern where damages are frequently assessed at a figure just over £1,000. This amount is significant because it often pushes the case into the “fast track” court, increasing the likelihood that legal costs can be recovered.
In one recent case, defendant solicitors went so far as to claim an “unhealthy connection” between certain housing disrepair solicitors and the surveyors they hire.
Investigation Reveals Unethical Practices in Housing Disrepair Claims
A recent investigation has uncovered a troubling arrangement in housing disrepair claims, raising serious concerns about the integrity of the process. Evidence suggests that some individuals are manipulating cases to maximise their financial gain, potentially at the expense of fair and accurate reporting.
A witness statement, reviewed by the Gazette, exposed a two-tiered payment system for surveyors. Surveyors were paid a fixed fee of £225 for reports assessing damages at more than £1,000, but only £75 for reports below that amount.
This significant pay difference created a clear incentive to inflate the value of necessary repairs, which helped push cases into a category where legal costs are more easily recoverable.
This unethical practice has already led to serious consequences. In a 2023 ruling, a Wolverhampton County Court deputy district judge found that a surveyor acting as an expert witness “misrepresented the contents of his report” and “substantially breached his expert witness declaration.”
The ruling also noted the claimant’s solicitors’ failure to correct misleading errors, which led to the case being dismissed. The law firm and the surveyor were both referred to the Solicitors Regulation Authority (SRA) and the Royal Institution of Chartered Surveyors (RICS) for disciplinary action.
In response to these findings, both regulators have begun attending quarterly meetings with key stakeholders, including local councils, to address these systemic issues.
Surveying Regulator Issues Warning Over Misconduct in Housing Disrepair Claims
The Royal Institution of Chartered Surveyors (RICS) has formally warned its members about serious misconduct in housing disrepair claims. The regulator’s warning follows a sharp increase in complaints and open investigations into generic and potentially biased reports.
RICS highlighted examples of poor conduct, including:
- Copy-and-paste reports: Reports are being produced without a proper, independent investigation of the property. Instead, claims managers are instructing experts to simply copy and paste existing report content.
- Conflicts of interest: Solicitors are repeatedly instructing the same experts across a large number of cases. This high volume of work creates a potential conflict of interest, as an expert’s financial reliance on a single source could compromise their impartiality.
- Misrepresenting credentials: In some cases, an expert’s qualifications or experience have been misrepresented in official claim documents.
These unethical practices undermine the integrity of the legal process and can lead to unfair outcomes.
The warning from RICS stresses the urgent need for surveyors to adhere to their professional duties and maintain independence when providing expert evidence.
When ‘Victories’ Harm the Tenants They Claim to Help
A courtroom “victory” in a housing disrepair case can be a bittersweet outcome, according to Peter Marcus, a barrister from Trinity Chambers.
Marcus, who recently defended the City of York Council, argues that while a successful defence vindicates a council or housing association, the real losers can be the tenants themselves.
Marcus points out that cases often fall apart due to misconduct by claimant solicitors or surveyors. While this outcome validates the local authority’s position, it can leave the tenants in a dire situation.
These individuals, who believed they were being helped by their legal representatives, can end up with significant costs orders, feeling let down and worse off than when they started.
This perspective highlights a difficult truth about the current state of housing disrepair claims. While regulators crack down on fraudulent practices, the people at the centre of these cases, the tenants, are often the ones who suffer the most when a claim fails.
Frequently asked questions:
What is a housing disrepair claim?
Housing disrepair refers to the state in which a property needs restoration for safety purposes and to ensure that it meets adequate living standards for tenants to occupy. It is important to report any issues to your landlord, and if they fail to carry out the repair or remedial work in a reasonable amount of time and to an acceptable standard, it could be considered housing disrepair.
Depending on the nature of the disrepair, some tenants who experience poor living conditions may also find that there is a risk to their health. For example, the disrepair may result in an immediate risk to the occupant’s health in that there may be safety issues caused by the defence.
We understand that often, the condition of a property is such that it causes inconvenience, anxiety, and distress, and in some cases can exacerbate underlying health conditions such as asthma.
What are the most common kinds of housing disrepair?
Common disrepair problems we can assist with include:
- Damp & Mould: Leakage, damp basements, or roof damage can cause excessive moisture, causing rain to seep in and causing damage to windows and roof frames.
- Water leaks: The property owner is accountable for the repair and maintenance of all water-supplying pipes, both within and outside the home.
- Dilapidated brickwork/plaster: Deterioration of brickwork or plastering in a home can pose a significant risk to respiratory health and become a nuisance to clean up.
- Drain and sewage problems: Property owners are responsible for sewers and lateral drains connected to public networks, as clogged lines can pose health and safety risks.
- Vermin infestation: Landlords are legally obligated to address pest proofing and may require the use of a pest control contractor to manage infestations of various pests.
- Prolonged exposure to asbestos or carbon monoxide: Before 1980, homes often contained asbestos in floor tiles and ceiling tiles, and some appliances released carbon monoxide, potentially causing poisoning and death if not caught early.
- Electrical and gas safety issues: Landlords are legally required to conduct annual gas safety checks, and if negligence causes issues, tenants may be entitled to a claim.
- Faulty Sanitary installations: Landlords are required to provide a functional toilet, bathtub/shower, and wash basin, and must fix plumbing issues within 30 days, with shorter periods possible in certain cases.
- Boiler and hot water/heating issues: Landlords are legally responsible for repairing heating and hot water in homes with no heating or hot water and should complete repairs within 24 hours.
What evidence will I need to support my housing disrepair claim?
- It is important to take lots of photos and video the problems you are experiencing. If you are experiencing injuries as a result of the housing disrepair, we would also encourage you to take photos of these injuries.
- Keep correspondence with landlords or council, including letters, emails, and text messages, and note discussions about housing disrepair to demonstrate unsuccessful attempts to redress their intervention.
- It may be desirable to write a witness statement which documents the problems you have experienced, including any personal injuries if you have sustained them.
- Keep receipts for emergency or remedial work, including decorating, cosmetic alterations, and structural work, and for personal injury-related expenses, to include them in your claim.
How can we help?
In addition to ensuring that the property undergoes the necessary repairs, we can also assist in claiming compensation to reflect the period of nuisance and inconvenience experienced. Furthermore, where it can be proven that living conditions have caused or contributed to health issues, we can assist in claiming compensation for this personal injury.
Our priority is to ensure that steps are taken by your landlord or the Council to remedy the disrepair to your property, and to return your home to a safe and habitable state. As such, once you choose to instruct us, we will take immediate steps to contact your landlord and to arrange an inspection of the property by an independent, recognised firm of surveyors.
The surveyor will assess the extent of disrepair to the property and produce a report detailing the repairs necessary. We may also organise a medical appointment for you should you feel that the disrepair has resulted in you sustaining a personal injury.
Further information:
Surge in complaints about surveyors in housing disrepair cases.
Oakwood Solicitors: Housing Disrepair Claims.
Oakwood Property Solicitors: Our fees.
WHAT TO DO NEXT
To make a start on the next step in your property journey, get in touch today to book a consultation with a member of our team. Call us on 0113 218 5727 to find out how we can help you.
