CPR Part 35 expert reports for housing disrepair claims — damp and mould, structural defects and HHSRS hazards under Section 11 and the Homes (Fitness) Act.
Housing disrepair litigation has grown faster than almost any other property dispute area — driven by damp and mould claims, the Homes (Fitness for Human Habitation) Act 2018 and, for social landlords, the strict repair timescales phased in under Awaab's Law from 2025. Our RICS surveyors provide the independent expert evidence these claims turn on, for tenants, landlords and — most often — as Single Joint Expert under the Pre-Action Protocol for Housing Condition Claims.
Disrepair matters the panel's experts give evidence in
- Damp and mould claims — distinguishing rising damp, penetrating damp and condensation, because causation decides liability: a defective damp-proof course is the landlord's problem; lifestyle condensation in a properly ventilated home may not be.
- Section 11 Landlord and Tenant Act 1985 breaches — structure and exterior disrepair, heating, sanitation and installations.
- Fitness for habitation claims — whether the dwelling is unfit under the 2018 Act, assessed against the 29 HHSRS hazard profiles.
- HHSRS hazard assessment — category 1 and 2 hazards, including the damp and mould hazards Awaab's Law now puts on statutory deadlines for social landlords.
- Schedules of work and quantum — the remedial scope and costings that anchor settlement negotiations and damages.
How these instructions usually work
The Housing Conditions Protocol steers most claims to a Single Joint Expert — one surveyor instructed by both sides, inspecting once and reporting to the court rather than to either party. That makes the expert's independence the whole product: our reports follow the Protocol's letter of instruction, record conditions with dated photographs and moisture readings, and carry the full CPR Part 35 declaration. The panel acts nationally, in county court claims and Housing Ombudsman referrals alike.
Instruction and fees
SJE and party instructions accepted from solicitors, landlords and housing associations. Single-property disrepair reports are among the most economical expert instructions — typically £1,500–£5,000 depending on claim complexity, with turnaround 2–3 weeks from access — see the expert witness cost guide and what a CPR Part 35 report contains.
Frequently asked questions
Who pays for the expert surveyor in a housing disrepair claim?
Under the Pre-Action Protocol for Housing Condition Claims the expert is usually a Single Joint Expert, with the fee shared between the parties as agreed in the joint letter of instruction. If the claim succeeds, expert fees are generally recoverable as part of costs. Party-appointed experts are paid by the instructing side, subject to the same recovery principles.
What does a housing disrepair surveyor inspect?
The matters in the letter of instruction — typically damp and mould (with moisture readings distinguishing rising damp, penetrating damp and condensation), the structure and exterior, heating, sanitation and installations under Section 11, and hazards assessed against the HHSRS profiles. The report records everything with dated photographs and includes a schedule of remedial works with costings.
Is mould always the landlord's responsibility?
Not always — causation decides it. Mould from a building defect (failed damp-proof course, leaking roof, cold bridging, inadequate ventilation design) is the landlord's responsibility; condensation in a properly built and ventilated home may not be. For social landlords, Awaab's Law now sets statutory timescales for investigating and fixing damp and mould hazards. An independent surveyor's causation finding is usually the pivotal evidence either way.