Expert witnesses in housing disrepair claims

Expert witnesses play a crucial role in disrepair claims. They provide independent, professional opinions on the condition of a property, the cause of defects, and what is needed to put things right. Below, we cover who expert witnesses are, what they do, and why their reports matter.

What is an expert witness?

An expert witness in a housing disrepair case is usually a building surveyor or structural engineer. Their job is to inspect the property, report on its condition, identify any defects that fall within the landlord's repair obligations, and explain what caused the problems and how they should be fixed.

Unlike other witnesses, an expert's primary duty is to the court, not to the party who instructed them. This means their report must be honest and balanced, even if some of the findings do not support the claimant's case.

When is an expert witness used?

An expert witness report is used:

• To establish that the disrepair exists and what its nature and extent is
• To identify whether the disrepair falls within the landlord's repair obligations
• To show what works are needed to put the property into the required standard
• To assist with the assessment of damages, for example, by confirming how long the disrepair has been present

In practice, most disrepair claims involve an expert surveyor's report as a central piece of evidence. Without it, it is much harder to prove that the condition of the property fell below the required standard and that the landlord should have been aware of the problem.

How does an expert inspection work?

The expert (typically instructed by the tenant's solicitor) will:

1. Attend the property and carry out a physical inspection
2. Identify any defects, for example, rising damp, penetrating damp, roof leaks, defective plaster, faulty heating, structural movement
3. Note the cause of each defect
4. Record the extent of the disrepair and its likely duration
5. Set out what works are needed to remedy the problem

The inspection is usually arranged through the tenant's solicitor and the landlord is notified in advance so they can also attend (or arrange their own expert to do so).

Is there a joint expert?

In some cases, particularly in lower-value claims allocated to the small claims or fast track, the parties may be directed by the court to use a single joint expert. This is a surveyor instructed by both sides together. The joint expert's report is prepared for both parties and must be impartial.

Even where there is a joint expert, either party may subsequently instruct their own expert to respond to specific points in the report, but this requires the court's permission in some tracks.

What happens if the landlord disputes the expert's findings?

If the landlord disagrees with the expert's conclusions, they will usually instruct their own expert to carry out an inspection and produce a rival report. Where there are two expert reports that differ, the court will consider both and may hear oral evidence from one or both experts before making its findings.

How much does an expert report cost?

Expert reports in disrepair cases typically cost between a few hundred pounds and over a thousand pounds, depending on the complexity of the case, the size of the property, and the number of defects. In no-win no-fee cases, the cost of the expert report is usually funded by the solicitor and recovered from the landlord if the claim succeeds.

Why is the expert report important for the timetable?

The Pre-Action Protocol for Housing Disrepair Cases requires both sides to exchange expert evidence before court proceedings are issued. In practice, the expert report is one of the first steps in building a disrepair claim, and delays in obtaining it can hold up the whole case.

When should I contact Support for Tenants?

We handle housing disrepair claims. If your home has defects that your landlord has failed to fix, we can advise on your options including the role of an expert surveyor's inspection.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Pre-Action Protocol for Housing Conditions Claims, England (justice.gov.uk)
• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)

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