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10 December 2025
Issue: 8143 / Categories: Legal News , Housing , Consumer , Landlord&tenant , Personal injury
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Housing disrepair claims could learn lesson from whiplash reforms

All housing disrepair claims could be transferred from the county court to the small claims court, and referral fees banned, under reforms being considered by ministers

A government call for evidence, ‘Housing disrepair claims’, issued last week, asks whether ‘lessons from the approach taken to personal injury claims’ could be applied to housing disrepair. Banning referral fees, for example, would enable claimants to choose the most appropriate solicitor rather than the ‘highest bidder’.

Reforming ‘no win no fee’ arrangements, introducing rules to deter exaggerated or fraudulent claims, and raising the threshold for the small claims track (where both sides pay their own costs) could also be borrowed from the personal injury reforms. Currently, the small claims threshold is £1,000 for housing disrepair. It was raised to £5,000 for whiplash claims in 2018.

The joint Ministry of Justice and Ministry of Housing, Communities and Local Government paper notes the low threshold can ‘encourage unmeritorious claims’ as the defendant will often settle rather than risk having to pay the other side’s costs as well as the repair if they lose.

It also warns of bad practice in law firms, stating: ‘We have heard reports of [claims management companies] and solicitors targeting tenants... encouraging claims when it may not be in the tenant’s best interest, failing to warn tenants of risks involved, and offering counterproductive advice—for example encouraging a tenant not to let landlords in to carry out inspections or fix issues.

‘This can result in tenants having to live with disrepair for longer and discourage them from accessing more effective redress routes.’

The Solicitors Regulation Authority has previously raised concerns about some solicitors operating in the housing disrepair sector, in its August paper, ‘High-volume consumer claims thematic review’. It found evidence some firms were not adequately informing clients about potential costs, risks and alternative options.

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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