Disrepair claims against councils rose from an average of 32 per authority in 2019 to 198 in 2024, almost six-fold, and on average only about 20% of settlement money reached tenants as damages. Those figures, from Inside Housing's two-part investigation published on 20 October 2026, have put the expert witness surveyor model in housing disrepair claims under the sharpest scrutiny it has faced. With the RICS 5th edition expert witness standard and Awaab's Law Phase 2 both taking effect on 30 November 2026, the next fortnight is the moment for every surveyor giving evidence in these claims to check their practice.
This article summarises what the investigation found, what CPR Part 35 actually requires, and what good expert practice in damp, mould and disrepair cases looks like.
The investigation, by Grainne Cuffe, Stephen Delahunty and Katharine Swindells, examined the surveyors who inspect tenants' homes and write the reports on which disrepair claims are built. Its headline data came from freedom of information responses: average claims per council rose from 32 in 2019 to 198 in 2024, and average claims grew 48% between 2022 and 2024. Landlords including Wandsworth Council, Wolverhampton City Council, L&Q and Abri raised concerns.
Claims where the estimated cost of works exceeds £1,000 are allocated to the fast track, where recoverable costs are higher. Surveyors told the investigation this creates pressure to estimate high. A June 2020 contract from Paterson Harkin, now Paterson Associates, paid £225 for inspections estimating repairs of £1,000 or more and £75 with "no report required" below that. A recruitment message claimed some surveyors completed six or seven surveys a day.
The investigation reported allegations of doctored reports and a biased training video. In January 2022 an administrative employee at the firm admitted adding a surveyor's signature without permission; the joint report was invalidated and the claim discontinued. The firm said it retrained staff on CPR Part 35 and the duties of independent experts. A 2019 training video had said the expert's role was to maximise the tenant's claim; the firm called the wording "inapt" and an informal, historic lapse. RICS closed its investigation in August 2025 with no disciplinary action, and the firm's founder, James Paterson, denies dishonesty.
A separate surveyor, Aaran Marriner-Clark, had his qualifications questioned; CABE reduced his grade from fellow to member for at least nine months. He says the qualification was reissued in 2016.
RICS guidance says experts should be "impartial and uninfluenced by those instructing or paying you to give the evidence", but it does not define the experience or qualifications needed to act as an expert witness. RICS issued a regulation practice alert in April 2025 reminding members of their obligations in high-volume disrepair cases.
"Where expert evidence isn't robust, it can delay repairs and undermine trust in the system." Imran Mustak, L&Q.
The Ministry of Housing, Communities and Local Government and the Ministry of Justice issued a joint call for evidence in December on disrepair claims and the role of claims management companies, aimed at "unscrupulous activity".
Much of the criticism in the investigation comes back to the basics of Part 35 and Practice Direction 35.
| Requirement | What it means for a disrepair expert |
|---|---|
| Overriding duty to the court (CPR 35.3) | The duty overrides any obligation to the tenant, the landlord or the firm paying the fee |
| Statement of truth and independence (PD 35) | The report must confirm the expert understands and has complied with the duty to the court |
| Statement of instructions | The substance of all material instructions, written or oral, must be set out |
| Range of opinion | Where there is a range of opinion, the report must summarise it and give reasons for the expert's view |
| Written questions (CPR 35.6) | Answers to questions form part of the report and must be given fully |
| Single joint experts (CPR 35.7) | Most disrepair claims use an SJE, so partisanship is both wrong and self-defeating |
An expert who estimates high to clear a costs threshold, or who fails to inspect fully, is in breach of these duties whatever the firm's contract says.
The investigation's concern was not that tenants' claims are unfounded but that evidence on both sides is sometimes weak. L&Q's legal manager said scrutinised reports had shown incomplete inspections and conclusions that did not hold up. A competent expert report in a damp and mould case should include:
The Federation of Damp warned on 20 October 2026, following MHCLG-commissioned research by Verian, that "Condensation, resident lifestyle" is the cheapest answer and should be evidenced rather than assumed, and that "Responding quickly and responding correctly are two different things, and only one of them is being counted".
Published in July 2026 and effective from 30 November 2026, the 5th edition requires experts to disclose any use of AI in preparing evidence, to disclose regular reliance on the same instructing party where it provides a large share of income, to state assumptions and alternative conclusions in full, to verify and record instructions, and to continue to refuse new conditional fee arrangements, with only a narrow exception for pre-existing arrangements supported by a prescribed declaration. Failures expose the surveyor to adverse costs, contempt proceedings, negligence claims and RICS disciplinary action. For firms whose income depends on a handful of claimant solicitors, the dependence disclosure is the change that bites.
Also on 30 November 2026, Phase 2 of Awaab's Law extends fixed timescales for social landlords in England to seven more hazard groups: excess cold, excess heat, falls, structural collapse, fire and explosions, electrical hazards and domestic hygiene, together with all emergency hazards except overcrowding, under the Hazards in Social Housing (Prescribed Requirements) (England) (Amendment) Regulations 2026. Demand for competent, defensible condition evidence will rise accordingly, and the Federation of Damp has warned that surveyor shortages mean landlords may meet deadlines without fixing root causes.
The Civil Justice Council recommended on 29 October 2026 that experts declare AI use where it generated or influenced the substantive content of a report, and Mrs Justice Joanna Smith told the Bond Solon Expert Witness Conference, reported on 10 November 2026, that experts should start declaring AI use now.
Many are disputed. RICS closed its investigation into the firm named in August 2025 with no disciplinary action, and the individuals named deny dishonesty. The investigation's value lies in the systemic issues it raises about fees, thresholds and qualifications.
RICS guidance does not define one, which the investigation identified as a gap. From 30 November 2026 the RICS 5th edition raises the procedural bar considerably.
The court can disregard it, criticise the expert in the judgment, and make adverse costs orders. Professional bodies can take disciplinary action.
The expert witness surveyor model in housing disrepair claims is under pressure from landlords, from government and from the profession itself. Inside Housing's investigation has given the debate hard numbers and uncomfortable detail. The response, for every surveyor working in this field, is not to retreat from the work but to do it properly: inspect fully, evidence causation, answer Part 35 questions candidly, disclose dependence and AI use, and refuse fee structures that reward a particular answer.
The next steps are concrete. Before 30 November 2026, update templates and declarations to the RICS 5th edition, audit recent reports, and prepare for the wider hazard groups Awaab's Law Phase 2 brings. Robust expert evidence protects tenants, landlords and the surveyor alike.
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