header-logo header-logo

10 December 2025
Issue: 8143 / Categories: Legal News , Housing , Consumer , Landlord&tenant , Personal injury
printer mail-detail

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

Trowers & Hamlins—Paul Batchelor

Trowers & Hamlins—Paul Batchelor

Trowers Hamlins strengthens Birmingham Office with senior corporate partner hire

Birketts—trainee appointments

Birketts—trainee appointments

Birketts welcomes largest ever Trainee Solicitor cohort for 2026

Sidley—James Sherlock

Sidley—James Sherlock

Sidley Expands Private Equity Practice With James Sherlock in London

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
back-to-top-scroll