Instructing a building surveyor in a housing disrepair case

A building surveyor's report is one of the most important pieces of technical evidence in a housing disrepair claim. This guide is for legal professionals and housing advisers who are instructing a surveyor for the first time or looking to improve how instructions are structured.

Why the surveyor's role is central

In disrepair litigation, courts and defendants require objective technical evidence of:

• What defects are present and where
• The underlying cause of each defect
• Whether the landlord's repairing obligation extends to that cause
• What remedial works are required and at what cost
• How long the defects have been present (so far as can be assessed)

A well-structured surveyor's report resolves or narrows most of these issues before they reach trial. A poorly structured report, or one that addresses only some of them, increases costs and creates gaps that defendants can exploit.

Who can act as a surveyor?

For disrepair litigation, the surveyor should be:

• A qualified surveyor (RICS-accredited is standard, but not the only route)
• Experienced specifically in residential housing disrepair (not just commercial or new-build surveyors)
• Able to produce a court-compliant expert witness report if instructed as an expert

Where the claim is likely to proceed to trial, the surveyor may be instructed as a Single Joint Expert (SJE) under Part 35 of the Civil Procedure Rules, or as your client's own expert where the value of the claim justifies it.

Key elements of the instruction letter

A thorough instruction letter should cover:

Background: a summary of the property (tenure type, number of bedrooms, age of building), the period of tenancy, and the defects reported by the client. Attach any reports already made to the landlord and any correspondence from the landlord or their agent about repairs.

Specific defects to inspect: list each defect your client has reported. This should be cross-referenced against the disrepair schedule you intend to serve. Ask the surveyor to inspect each listed item and identify any additional defects they observe.

Cause of defects: ask the surveyor to identify the cause of each defect. This is critical for cases involving damp and mould, a surveyor who identifies "damp" without distinguishing between rising damp, penetrating damp, or condensation-related moisture is not giving you the information you need to establish liability.

Landlord's repairing obligation: ask the surveyor to state whether each defect falls within the landlord's repairing obligation under section 11 of the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018, or any other applicable statutory basis.

Schedule of works and cost estimate: request a schedule of the works needed to bring the property to the required standard, with a cost estimate. This forms the basis for the special damages element of the claim and for the interim schedule of works.

HHSRS assessment: for serious cases, ask the surveyor to comment on whether any defects constitute Category 1 or Category 2 hazards under the Housing Health and Safety Rating System. This can support enforcement action alongside or instead of civil proceedings.

Period of disrepair: ask the surveyor to comment on the visible signs of how long each defect has been present (for example, staining, decay, extent of growth), to the extent this can be assessed from inspection.

Photographs: instruct the surveyor to photograph all defects, with measurements and scale references where appropriate.

Part 35 compliance

If the surveyor is to give expert evidence at trial, the report must comply with CPR Part 35 and Practice Direction 35. This requires:

• A statement that the expert understands their duty to the court
• Details of the expert's qualifications and experience
• A statement of truth

If you are instructing the surveyor as an expert at the outset, set this out clearly in the instruction letter and ensure the surveyor has experience in giving expert evidence and in preparing compliant reports.

Accessing the property

Ensure the client provides access to the whole property, including loft spaces, cellars, and external areas if relevant. Warn the surveyor if there are any access difficulties (for example, a shared roof that requires landlord consent).

Give the surveyor copies of the tenancy agreement and any previous inspection reports or correspondence with the landlord's surveyors.

After the report

Once you receive the report:

• Review it against the disrepair schedule you intend to serve
• Check that all listed defects have been addressed and causes identified
• Consider whether the works schedule is complete and costed sufficiently to support a claim
• Use the report to draft or refine the letter of claim under the Pre-Action Protocol for Housing Disrepair Claims

Where the defendant landlord serves their own surveyor's report with a different view on cause or extent, consider whether a joint statement of agreed and disputed issues would assist the court.

When to contact Support for Tenants

We work with legal professionals on housing disrepair cases. For referrals or to discuss a client's case, 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)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)

Related articles

• Housing disrepair pre-action protocol, a guide for professionals
• Schedule of works in a disrepair case, a guide for professionals
• County court procedure in housing disrepair, a guide for professionals