Residential landlords and property owners defending claims
Housing disrepair claims defence for landlords
Landlord-side defence of disrepair claims, built around evidence of what was reported, what was done and what the property is actually like.
A letter of claim alleging disrepair puts a landlord on a protocol timetable immediately, with disclosure obligations, an expert inspection to arrange and a costs risk that usually exceeds the damages in issue.
We act for landlords defending these claims. The outcome is normally determined by records: what the tenant reported, when you responded, what was inspected, what was repaired and whether access was given. Our first job is to secure and organise that evidence.
Who this service is for
- Private landlords who have received a letter of claim or protocol letter
- Portfolio landlords and property companies facing repeated claims
- Owners of mixed-use and converted buildings where responsibility is shared or unclear
- Landlords facing a disrepair counterclaim inside a possession claim
What we deal with
- Protocol responses
- Responding within the pre-action timetable, disclosing the right documents and challenging unsupported allegations.
- Access and inspection
- Arranging inspection, dealing with refused or obstructed access, and managing single joint expert instructions.
- Liability analysis
- What the tenancy and statute actually require of you, notice of the defect, tenant-caused damage, condensation and lifestyle issues.
- Damages and specific performance
- Valuing general damages realistically and dealing with claims for works to be carried out.
- Costs control
- Part 36 and without-prejudice offers, proportionality arguments and challenging costs claimed.
- Counterclaims in possession proceedings
- Defending disrepair raised as a counterclaim so that it does not defeat the possession claim.
How Resolve can help
- Take control of the protocol timetable on day one
- Assemble the repair, reporting and access history into a usable evidence bundle
- Advise on which works to carry out now to limit both damages and further claims
- Make early, well-judged offers that protect your costs position
- Defend at trial where the claim is unsupported
How a defence runs
1. Triage
Deadlines diarised, records secured, and an early view on which allegations are arguable.
2. Inspection and response
Expert inspection arranged and a protocol response served with disclosure.
3. Works and offers
Remedial works where justified, with offers made to close the claim on proportionate terms.
4. Proceedings
Defence, directions and hearing, with costs arguments preserved throughout.
Why landlords instruct us
- We defend claims for landlords; we do not bring disrepair claims for tenants
- Costs exposure is treated as the main commercial risk, because it usually is
- Coordinated with possession strategy where both are running
- Acting for landlords in London, Watford and Hertfordshire
Where we act
We defend housing disrepair claims concerning property in London, Hertfordshire and across England & Wales.
Frequently asked questions
A disrepair claim has been sent to me as landlord. What should I do first?
Diarise the pre-action protocol deadlines, secure the repair, inspection and reporting records, and arrange access for a joint or independent expert inspection.
Early, evidenced engagement is usually what keeps a claim proportionate; ignoring the letter of claim is what makes costs escalate.
Why are the legal costs often larger than the damages in disrepair claims?
General damages for disrepair are commonly modest, while the claimant's costs, expert fees and any award of specific performance can dwarf them.
We defend on that commercial reality: fix what genuinely needs fixing, evidence what has been done, and use offers to protect your costs position.
What do tenants most often raise in response to a possession claim?
Common responses include challenges to the validity of the notice, deposit protection and prescribed information failures, gas safety, energy performance and how-to-rent documentation, licensing breaches, and counterclaims for disrepair.
We audit those points before issuing so that they are answered in the claim rather than at the hearing.
Start Your Enquiry
Tell us briefly what has happened and what you need. Email and telephone are both required so we can respond in the way that suits you.