Witness statements in housing disrepair claims: a professional guide

Witness evidence is central to most housing disrepair claims. The quality and content of witness statements, from tenants and any supporting witnesses, can determine how a case is valued and how strongly it is presented at trial. This article sets out the key principles and practical guidance for solicitors and claims handlers.

What does a witness statement need to cover in a disrepair claim?

A well-drafted tenant witness statement in a housing disrepair case should address:

History of the defects

• When each defect was first noticed and what the tenant observed
• The progression of each defect over time, with approximate dates
• Any photographs taken and when they were taken
• Impact on different rooms and areas of the property

Notification to the landlord

• Every time the tenant reported the defect, in what form (call, message, letter, email, in person), and to whom
• Any responses received from the landlord or their agents
• Any inspections or visits arranged by the landlord, and what happened afterwards

Impact on the tenant and household

• Health effects: symptoms experienced, any medical treatment sought, any diagnoses connected to the condition
• Practical impact: use of rooms affected, alternative arrangements made, inconvenience
• Financial loss: damaged belongings, items purchased to cope with conditions, energy costs due to heating failure
• Emotional and psychological impact: distress, anxiety, disruption to daily life

Ongoing position

• Whether repairs have since been carried out and when
• Whether any defects remain outstanding

What are the Civil Procedure Rules requirements?

Witness statements must comply with Civil Procedure Rules Practice Direction 57AC and the attendant Certifications. For cases in the County Court, statements should follow the requirements of CPR 32.8 and the relevant practice direction. Key requirements include:

• The statement of truth, signed by the witness personally
• The statement must be in the witness's own words, not drafted in legal language that the witness would not naturally use
• It must contain only admissible evidence (generally, facts within the witness's personal knowledge)
• The solicitor must certify compliance with the practice direction's requirements where applicable

Following the reforms following the Witness Evidence Working Group recommendations, statements should focus on facts and avoid commentary, opinion, or argument.

What supporting witnesses add value?

In disrepair claims, additional witnesses who can corroborate the tenant's account include:

• Family members or housemates: people who shared or regularly visited the property and can speak to conditions they observed
• Neighbours: who may have observed external defects, heard reports of problems, or been affected by the same structural issue
• Healthcare providers: where appropriate, a doctor or other clinician may provide a letter or report (though this is distinct from expert medical evidence)
• Support workers or social workers: for vulnerable tenants, anyone who visited the property may have relevant observations

Each supporting witness should provide their own statement covering what they personally observed.

How should contemporaneous records be handled?

Good contemporaneous records are invaluable. Encourage clients to:

• Keep all written communications with the landlord, text messages, emails, and letters
• Take dated photographs and videos throughout the period of disrepair
• Keep any medical records connected to the period (subject to appropriate consent and data handling)
• Retain receipts for damaged belongings or substitute items purchased

These records should be exhibited to the witness statement in the correct CPR format.

Common weaknesses in tenant witness statements

• Vague timelines, "for years" or "since we moved in" without specificity
• Failure to link health symptoms to specific conditions in the property
• Over-reliance on what the solicitor has told the client rather than the client's own account
• Omitting to describe what the landlord's response was, even where it was inadequate
• Missing the human detail that helps a judge understand the real impact of the disrepair

A good statement balances precision about dates and defects with authentic detail about the lived experience.

When should I contact Support for Tenants?

Support for Tenants handles housing disrepair claims. For referrals or professional enquiries, call us.

Call us on 0800 030 4669.

Sources

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

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