Opinion: The Last Decade Has Transformed the Repairs Landscape and More Significant Change is Just Around the Corner

This article discusses:

• Some of the challenges repairs teams have weathered in the last 15 years;
• How to deal with repairs complaints when a disrepair claim is ongoing;
• The changes coming this year that landlord repairs teams must prepare for; and
• How we can help.

As a disrepair specialist, there was a time when life was quiet and predictable.  We call that time the noughties.

Alarmingly, some heinous noughties fashion is back.  Last night’s Burna Boy concert was a parade of Spice Girls get ups that could make your eyes bleed.  However, the repairs landscape is not set to return to noughties-style [predictability] for some time.  Awaab’s Law is right around the corner (more on this below) and landlords are needing to make significant changes now in readiness.

Story time… For those of us who are sadly old enough to remember, in the noughties, disrepair was the steady staple of housing law.  There were no real surprises, there was rarely anything new and the little news there was, was rarely significant.  For landlords, repairs systems and processes needed the odd tinker, to deal with contractor changes, stock profile changes and other resource changes.  However, on the whole, life was relatively steady and predictable.

Then came the Jackson Reforms and the rise of Conditional Fee (‘No Win No Fee’) Agreements for disrepair.

When the Jackson Reforms were in the offing, many failed to get overly excited.  We had seen large proportions of disrepair claims funded by Conditional Fee Agreements before and it didn’t fundamentally change the world.  However, this time around, fundamental change is what we saw, with unprecedented swathes of new claimant firms entering the industry and a dramatic rise in claims.

Having worked opposite many of the new firms, I can say that some have brought good-quality representation to tenants.  However, some have done such a woeful job that the SRA has issued targeted warnings and closed firms down, to protect clients and the wider public.  We have also seen at least one coroner tragically have cause to levy criticism against a claimant firm, in relation to the unfathomably sad death of Awaab Ishak.

What we can say with absolute certainty is that new market entrants unquestionably changed the repairs landscape, significantly increasing the volume of claims and, in a number of ways, pushing disrepair into public consciousness.

Then came the Homes (Fitness for Human) Habitation Act 2018.  It didn’t significantly change what most Registered Providers were fixing. Most social housing landlords were already fixing the new defects that the Act allowed tenants to bring a county court claim in relation to.  Most landlords were already dealing with significant condensation and mould issues at properties.  Most landlords already had processes that involved fixing anything capable of causing an occupant or visitor harm.  However, as the Act gave tenants the ability to bring a county court claim for defects that were previously outside the landlord’s obligations, social housing providers were forced to review repairs systems and processes and to roll out training to staff, with a view to trying to ensure that no relevant works were missed and with a view to trying to ensure that the change in legislation did not lead to an increase in claims or their cost.

Then came the Social Housing (Regulation) Act 2023 which gave the Housing Ombudsman new powers and duties.  For some, it seems to have caused a degree of confusion so far as disrepair claims handling is concerned.  Cawley and Cawley v Abri Group Limited (Yeovil County Court, 5 February 2025), is just one example of where confusion seems to have arisen about the need to follow the Pre-Action Protocol for Housing Conditions Claims alongside an in-house complaints procedure.

The Housing Ombudsman does expect a social housing provider to raise an official complaint when a letter of claim is received but the Courts still expect landlords and tenants to follow the Pre-Action Protocol for Housing Conditions Claims, regardless of any ongoing complaint.  Tactically, this can be tricky for landlords and a clear organisational strategy and cross-departmental cooperation are crucial.

Then, on the horizon, we have Awaab’s Law.  The National Housing Federation has summarised the Awaab’s Law changes as follows:-

1. “From October 2025 social landlords will be required to address damp and mould hazards that present a significant risk of harm to tenants within fixed timescales. From the same point in time, they will also have to address all emergency repairs, (whether they relate to damp and mould or not), as soon as possible and within no longer than 24 hours.
2. In 2026, requirements will expand to a wider range of hazards beyond damp and mould. The government has not yet fully determined which hazards will be included in this second phase, but expects it to include excess cold and excess heat, falls, structural collapse, fire, electrical and explosions, and hygiene hazards.
3. Then in 2027, the requirements of Awaab’s Law will expand to apply to the remaining hazards as defined by the Housing Health and Safety Rating System (HHSRS) but excluding overcrowding.”

Our Housing Team has helped landlords to navigate the challenging times of this long period of change and can help your organisation to prepare for maximum success after the Awaab’s Law changes.

Book free Awaab’s Law training for your in-house surveyors, repairs officers, income officers, contractors and Heads of Service here.

Book free training on tactics for dealing with complaints alongside claims here.  This training can be tailored to suit complaints officers, in-house surveyors, repairs officers, income officers, contractors and Heads of Service.

For more on how we can help with your complaints and coinciding claims strategy, please contact us on 07920 56 69 65.