Single Joint Experts in housing disrepair: a guide for professionals

In housing disrepair litigation, the court will usually require expert evidence on the technical issues, the existence, cause, extent, and cost of remediation of the disrepair. This expert evidence often comes from a building surveyor. In lower-value claims, that evidence comes from a Single Joint Expert (SJE). Here we look at how SJE appointments work in disrepair cases.

What is a Single Joint Expert?

A Single Joint Expert is an expert appointed and instructed jointly by both parties to a case, rather than each party retaining their own expert. The SJE owes a duty to the court, not to either party.

SJEs are used extensively in housing disrepair litigation, particularly in multi-track cases and fast-track cases where the cost of each party retaining their own expert would be disproportionate to the value of the claim. The court's case management powers under CPR Part 35 allow it to direct that expert evidence is given by a single joint expert.

When will a court order a Single Joint Expert?

Courts routinely order SJE evidence on building condition in housing disrepair cases where:

• The value of the claim is modest (for example, under £25,000)
• The technical issues are not so complex that each party genuinely needs their own independent expert
• The claim involves standard residential disrepair rather than highly contested technical disputes

In higher-value claims or where there is a genuine, substantial dispute about the cause of defects (for example, a major structural issue where the diagnosis itself is contested), the court may allow each party to instruct their own expert.

How is the SJE selected?

The parties should agree on the identity of the SJE where possible. If they cannot agree, either party can apply to the court for directions. Courts sometimes maintain lists of approved surveyors for SJE work, or direct the parties to a relevant professional body to provide a list from which they can select.

Key criteria for selecting an SJE:

• RICS qualification (or equivalent)
• Specific experience in residential disrepair, not just commercial or construction
• Familiarity with preparing court-compliant reports under CPR Part 35
• Availability within the court's timetable
• Agreement of both parties on fees

Instructing the SJE: a joint letter of instruction

Once the SJE is agreed, both parties must send a joint letter of instruction. This letter should cover (with input from both sides):

Background: details of the property, tenure, the parties, and a brief factual summary of the disrepair alleged.

Access arrangements: how and when the expert will access the property, and whether a representative of either party will attend.

Specific questions: the questions each party wants the expert to address. These typically include:

• What defects exist?
• What is the cause of each defect?
• Does each defect fall within the landlord's repairing obligation (under section 11 LTA 1985, the Homes Act, or the relevant tenancy agreement)?
• What remediation works are required?
• What is the cost of those works?
• When, so far as can be determined, has each defect been present?
• Are any defects HHSRS Category 1 or Category 2 hazards?

Where the parties have different questions, both sets should be included, clearly attributed to the party asking.

Agreed documents: both parties should attach agreed documents for the expert, the tenancy agreement, any previous inspection reports or repair records, photographs supplied by the claimant.

Questions to the SJE after the report

Under CPR Part 35.6, either party may put written questions to the SJE within 28 days of the report being served, for the purpose of clarification only. The questions and answers form part of the expert's evidence.

If a party asks questions that go beyond clarification or that are oppressive in number, the court can restrict questions or order the asking party to pay the costs of the SJE answering them.

What if the parties disagree with the SJE's conclusions?

As a general rule, if a court has ordered SJE evidence, the parties are expected to accept it. However:

• Either party can put questions under CPR 35.6
• Either party can seek permission from the court to adduce their own expert evidence in addition to the SJE, if there are strong grounds, but this is not commonly granted in lower-value cases
• At trial, the judge is not bound to accept the SJE's conclusions but will usually give them considerable weight in the absence of compelling reason to depart

Costs of the SJE

Both parties share the costs of the SJE equally unless the court orders otherwise. If the claimant wins and receives a costs order in their favour, the SJE costs are usually recoverable as part of the costs of the litigation.

When to contact Support for Tenants

We work with solicitors and housing advisers on disrepair cases. For referrals or professional enquiries, call us on 0800 030 4669.

Sources

• Civil Procedure Rules, Part 35 (experts and assessors) (justice.gov.uk)
• Pre-Action Protocol for Housing Conditions Claims (England) (justice.gov.uk)

Related articles

• Instructing a building surveyor in a housing disrepair case
• 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