Housing Conditions Claims (Disrepair) Policy

2. Scope and definitions

2.1 The principles of this policy apply to all our customers living in rented residential homes, which includes tenants and members of the tenant’s family. The use of the word “customer” in this policy is intended to cover all such individuals.

2.2 This policy applies to all social, intermediate and market rent tenures, including independent living schemes (sheltered and extra care homes) manged by B3Living.

2.3 This policy does not relate to leasehold (including shared ownership) properties. In most cases a leaseholder will be responsible for their own repairs unless within the initial defects period. Please refer to the individual lease agreement and the Defects Liability and Reporting Policy for further information on leasehold repair obligations.

2.4 This policy does not apply to:

► Commercial properties: Any property used for business purposes, such as offices, shops, or warehouses.
► Garages: Standalone structures or spaces used for parking vehicles.
► Gardens: Private or shared outdoor spaces associated with a property.
► Communal areas: Shared spaces within a residential complex, such as hallways, lobbies, or recreational areas.

2.5 This policy is not a complete legal statement, but merely a guideline as to how we will approach claims.

2.6 Please refer to Appendix 1 ‘Glossary’ for a definition of key words and phrases used throughout this policy.

3. Aims and objectives

3.1 The aim of this policy is to outline our obligations and commitments to prevent disrepair and to provide guidance on our approach to managing claims and any related personal injury.

3.2 This policy is primarily based on complying with the Pre-Action Protocol for Housing Conditions Claims, formerly known as the Pre-Action Protocol for Housing Disrepair Cases.

3.3 The key objectives of this policy are to:

► Outline our statutory and regulatory responsibility in dealing with
► claims.
► Minimise potential claims of disrepair by promoting a proactive, good quality and consistent repairs service.
► Avoid unnecessary and costly litigation.
► Enable colleagues to respond effectively to claims in a positive and non-defensive approach.
► Provide strategic direction and an effective framework for the creation of further guidance, process and procedures.

4. Landlord obligations and commitments

4.1 Repair obligations

Our repair obligations are covered by three (3) main areas:

4.1.1 Tenancy agreement: The terms of a customer’s tenancy agreement may impose specific ‘express’ obligations for both the landlord and the customer. It is important to refer to the wording of the tenancy agreement in the first instance to fully understand these express obligations.

Section 11 of the Landlord and Tenant Act 1985 gives landlords of all tenancies, which are weekly, monthly, or for a fixed period of less than seven years, an absolute ‘implied’ obligation to carry out basic repairs. In every tenancy the landlord will ‘keep in repair the structure and exterior’ of the property and ‘keep in repair and proper working order the installations’ for the supply of water, gas and electricity, sanitation, and space and water heating.

These obligations apply whether the rent is in arrears or not,

4.1.2 Legal duty of care: Landlords also have several legal responsibilities. The most relevant to repairs is the duty to:

► Ensure safety: Landlords must take reasonable care to ensure that anyone who might reasonably be expected to be affected by defects in the premises is safe from injury.
► Prevent property damage: Landlords must also ensure that tenants' property is safe from damage caused by any defects.
► Knowledge of defects: This duty applies to defects that the landlord knew about or should have known about.
This duty is set out in section 4 of the Defective Premises Act 1972, and it is owed to the tenant, the tenant’s family and to visitors.

4.1.3 Statutory nuisance: The Environmental Protection Act 1990 addresses the control and elimination of statutory nuisances. The most relevant nuisances to housing include:

► Premises condition: Any premises in such a state that it is prejudicial to health or constitutes a nuisance.
► Accumulation or deposits: Any accumulation or deposit that is prejudicial to health or constitutes a nuisance.
► Noise: Noise emitted from premises that is prejudicial to health or constitutes a nuisance.

4.2 Preventative measures

We are committed to ensuring compliance with our repair responsibilities and proactively preventing instances of disrepair in all our customers’ homes. The main methods of doing so are detailed below:

4.2.1 Comprehensive property information: We collect data as part of a planned programme of stock condition surveys, which informs investment decisions and budget allocation.
Property information is also gathered as part of the customers tenancy lifecycle, for example, during the pre-letting and voids process, as well as during any tenancy sustainment procedures (e.g. arrears) and tenancy change requests (e.g. assignment). More generally, property information is gathered continuously via repairs operatives and front-line staff as and when they visit a customer’s home.
The information gathered helps us identify where the greatest risk of disrepair exists, for example, older properties prone to damp or excessive sound transmission, allowing us to prevent disrepair before it becomes a concern for the customer.

4.2.2 Management of property assets: we are committed to maintaining the quality of our homes, through an appropriately resourced and professional responsive repairs service, alongside a comprehensive programme of planned investments to preserve and improve the value of the homes we provide. Please refer to the Responsive Repairs Policy and the Asset Management Strategy for further information.

4.2.3 Property inspections: we are committed to a proactive and right first-time approach, therefore, where we have reason to believe a repair may require specialist support, we will arrange a pre-inspection to be completed before an attempt to repair. This will allow us to correctly assess the nature of the problem and organise the required experts to confidently diagnose the issue.

In addition to pre-repair inspections, we also carry-out work-in-progress and post-work inspections, to ensure repairs have been adequately completed.

Inspections will be completed by persons who have a clear understanding of our obligations as a landlord and all reports will clearly describe the property conditions, provide details of the necessary actions required, and prepare a schedule of works (where applicable).

4.3 Information management

The management of data, especially property condition and repairs data, is crucial in supporting the delivery of both our responsive and planned maintenance programmes. The following databases, supported by various technological applications, are maintained rigorously to support our repair obligations:

4.3.1 Stock condition database: A central database containing comprehensive information regarding the condition of our properties. The data enables us to determine which types of property, in which areas, will require attention to prevent disrepair.

4.3.2 Customer communication records: We maintain a housing management and repairs system, which records a complete record of all contact between us and the customer, regardless of the format (phone, e-mail, letter, face-to-face, and supporting documents e.g. photographs).

4.3.3 Responsive repair records: All customer repair requests are logged on the housing management and repairs system. These records contain details of when a repair is reported, dates of any pre-inspections and their outputs, the repair appointment date, date when a repair is completed and what works were undertaken. Any attempt to access the property is also recorded, along with any failed attempts.

4.3.4 Inspection reports: All inspection reports, whether pre-repair, during, or post-repair, alongside specially commissioned reports for complex cases, will be saved to the relevant customer’s file.

4.4 Claims Management

We are committed to minimising the impact of a claim, for both the customer and B3Living, by:

4.4.1 Providing customers with a clear route to report disrepair:
In some circumstances, a customer may raise a complaint concerning a disrepair, rather than that of a formal disrepair claim. When this occurs, the Complaints Policy will be adhered to, and the Resolution Lead will proactively engage with the relevant departments and the customer to rectify the issue, and where possible, avoid a formal disrepair claim.

Where a complaint has been raised in conjunction with a disrepair claim, regardless of whether the complaint is received before or after the claim, we will discuss with the customer their preferred procedure. If the customer decides to pursue both the complaint and the claim simultaneously, which is acceptable, both procedures will be managed cautiously to prevent duplication and minimise any delay for the customer.

4.4.2 Adhering to good pre-litigation practice: we aim to avoid litigation wherever possible and always act in accordance with the Pre-Action Protocol for Housing Conditions Claims (the ‘’Protocol’’), which provides comprehensive and detailed direction as to the steps to be taken in the event of a claim for disrepair, including those for a personal injury claim.

The Protocol is based on the principle that court action should be treated as a last resort and encourages parties to avoid litigation by agreeing a settlement of the claim before the commencement of proceedings.

4.4.3 Ensuring early exchange of accurate information: on receiving a letter of claim, we will ensure effective communication with our customer to help prevent aggravating the issue and avoiding unnecessary delays. This includes ensuring good communication between our internal departments (e.g. Property and Housing Services) and to any external parties (e.g. contractors, solicitors, and other agencies) working on behalf of the customer or B3Living.

In line with the Protocol, subject to adhering with B3Living’s Data Protection Policy, we will disclose to the customer information relevant to the claim, within 20 working days of receipt.

4.4.4 Appointing experts: the Protocol promotes the use of ‘experts’ to help the different parties agree on the repair. The Protocol also encourages the use of a single joint expert, and we will adopt this approach wherever possible. To make it less likely that a second expert will be necessary, the Protocol recommends each party to send their own instructions directly to the single joint expert. In this instance, each party will pay one half of the cost of the report.

If either party cannot agree on a single joint expert, either with joint or separate instructions, the Protocol suggests a joint inspection by each party’s expert. Here, each party will pay the full cost of their respective expert’s report.

4.4.5 Considering alternative dispute resolution: both parties may be required by the court to provide evidence that alternative means of resolving the dispute were considered. Therefore, we will consider some form of alternative dispute resolution procedure where it is deemed more suitable than litigation.

4.4.6 Minimising costs: for cases where litigation cannot be avoided, the court will consider the extent of the parties’ compliance with the Protocol when making their decision about who should pay costs. We will follow the Protocol at all stages to avoid the potential for non-compliance and any associated costs.

In certain circumstances, we will consider financial settlement, and our colleagues managing the claims process will be empowered to make these commercial decisions. The aim of settlement is to bring any claims to an end as soon as possible to minimise the costs and damages incurred.

Where a customer raises a counterclaim of disrepair as a result of an arrears escalation process, we will continue the arrears recovery procedure and if applicable, offset any sum payable under the disrepair claim against the arrears.

4.4.7 Managing personal injury claims: a personal injury claim may arise as part of a disrepair claim, which will be forwarded to B3Living’s insurer without delay. If a personal injury claim requires expert evidence other than a General Practitioner’s letter, the Personal Injury Pre-Action Protocol will be followed for that element of the claim.

If the personal injury claim is of a minor nature and will only be evidenced by a General Practitioner’s letter, it is not necessary to follow the Personal Injury Pre-Action Protocol. If the situation is urgent, it would be reasonable for the customer to pursue separate housing conditions and personal injury claims, which could then be case managed together or consolidated at a later date.

4.4.8 Progressing repairs: An active claim will not in itself prevent a repair being progressed and completed, particularly if the disrepair is potentially detrimental to a customer’s health and safety. Similarly, if the disrepair could cause further damage to a customer’s home, then the repair should not be put on hold, regardless of any outstanding claim.

4.4.9 Providing clear time limits: The time scales given in the Protocol are long stops, although if we can comply earlier than the time scales provided, we will do. Some activities, for example, property inspection, are dependent on a customer’s (or their third party’s) engagement.

Time limits may be changed by agreement. However, the court will expect an explanation as to why the Protocol has not been followed or has been varied and breaches may lead to costs or other orders being made by the court.

B3Living may or may not use third parties, working on our behalf, to administer these activities, for example, legal support to manage the drafting and mailing of letters.

The key time limits are shown in the below table, which are subject to the points raised in Section 4 above and the engagement of the customer and their third party (where applicable):

5. Customers obligations

5.1 To help prevent disrepair, customers are expected to meet the responsibilities they have for repairs and maintenance within their home, as set out in their tenancy agreement.

5.2 A customer must use their home in line with the requirements of their tenancy agreement and in a ‘tenant like manner’, which means:

► Looking after their home
► Keeping gardens or outside areas in a reasonable state (where applicable)
► Making sure their home is well ventilated to help avoid condensation
► To carry out small jobs such as changing light bulbs and smoke alarm batteries
► Repair any damage caused by them, members of the household, or their visitors

5.3 Customers must report, as quickly as possible, any repairs or faults to their property to prevent disrepair. Where a customer has failed to notify us in a timely manner, which would have prevented further damage, we may choose to recharge the customer for the avoidable damage.

5.4 A customer must allow access to their home at reasonable times if we, or someone acting on our behalf, needs to inspect the condition of the property. We will provide at least 24 hours’ written notice, and we will be accommodating if the time is not convenient.

5.5 We may pursue formal routes to obtain access where disrepair has been reported and subsequent attempts to access the property have failed.

6. Equality, diversity and inclusion

6.1 This policy applies to all customers regardless of identity or protected group. It is based on best practice in the sector and legal/regulatory requirements.

6.2 We are committed to ensuring that this policy is non-discriminatory and that all customers can access the service, especially taking account of any vulnerability or other specific needs, and the needs of different groups protected by the Equality Act 2010; the Human Rights Act 1998; and for Children, Section 11 of the Children Act 2014. 

6.3 We will ensure this policy is accessible to our diverse customers and will consider the different needs of customers when explaining the options available to them and in tailoring the service around the customer need.

7. Data protection and information security

7.1 We will ensure our colleagues, and all third parties working on our behalf, will process all personal data in accordance with our Data Protection Policy and Document and Data Retention Policy.

7.2 We will ensure personal information of all customers (new, existing, and deleted) is:

► stored lawfully
► processed in a fair and transparent manner
► collected for specific, explicit and legitimate for the purpose
► kept up to date and held only until it is no longer required
► shared only with other organisations for legitimate processing, the prevention of fraud or with the person's explicit consent

8. Customer voice

8.1 In future reviews and updates of this Housing Conditions Claims Policy, we will actively seek and incorporate feedback from our customers, particularly those who have previously submitted claims.

8.2 Although there has been no specific feedback from customers on this review, we are in the process of setting up a tenant scrutiny panel. By listening to our tenants' experiences and suggestions, we aim to ensure that future revisions of the policy better meet their needs and expectations. This reflects our commitment to providing responsive and effective services.

9. Compliance

9.1 This policy adheres to all relevant legal and regulatory requirements, in addition to having due regard to applicable decency and quality standards and relevant industry best practice.

9.2 The following list is by no means exhaustive, although are the key documents this policy has taken into consideration:

► Defective Premises Act 1972
► Landlord and Tenant Act 1985
► Housing disrepair Legal Obligations Good Practice Guidance, Ministry of Justice 2020
► Environmental Protection Act 1990 (section 79-82 inclusive)
► Data Protection Act 2018
► UK GDPR
► Housing Health and Safety Rating System (HHSRS)
► The Decent Home Standard Guidance 2006
► Housing Act 2004
► Civil Procedure Rules
► Homes (Fitness for Human Habitation) Act 2018

9.3 We reserve the right to expand, change or alter any element of this policy, as and when required, to meet changes in housing need, capacity, resources and legislation.

9.4 Where we need to regularly review information on an annual basis, we will attach the information as an appendix.

10. Health and safety considerations

10.1 General duty of care: We are committed to ensuring the health, safety, and welfare of all customers in their homes. This includes maintaining properties in a safe condition and promptly addressing any health and safety risks.

10.2 Legal obligations: Under the Housing Act 2004, we have a legal duty to ensure that residential premises are safe and do not pose a risk to health. This includes regular inspections, maintenance, and repairs to prevent accidents and injuries within customers’ homes.

10.3 Reporting and addressing hazards: Customers are encouraged to report any health and safety hazards in their homes immediately. We will investigate and address these reports promptly to mitigate risks.

10.4 Statutory nuisance: In accordance with the Environmental Protection Act 1990, we will control and eliminate statutory nuisances within residential properties. This includes ensuring that homes are not in a state that is prejudicial to health or constitutes a nuisance, managing accumulations or deposits that could be harmful, and controlling noise levels.

10.5 Emergency procedures: We will have clear emergency procedures in place for customers, including fire safety measures, evacuation plans, and first aid provisions. These procedures will be regularly reviewed and communicated to all customers where applicable.

10.6 Training and awareness: Customers will be provided with information on how to maintain a safe living environment. This includes guidance on fire safety, proper use of appliances, and how to report hazards.

10.7 Monitoring and review: We will conduct regular health and safety audits and reviews of residential properties to ensure compliance with legal standards and continuous improvement in safety practices.

11. Linked policies, procedures and guidance

11.1 This policy is implemented through a suite of delivery processes and associated policies designed to provide compliance with this policy, legislation, regulation and good practice:

► Responsive Repairs Policy
► Defects Liability and Reporting Policy
► Compensation Policy
► Data Protection Policy
► Equality & Diversity Policy

12. Responsibilities

12.1 The Executive Director (Operations) has overall responsibility for this policy.

12.2 Head of Repairs is responsible for the implementation, application and review of this policy and will ensure all staff involved are trained in the implementation and any associated procedures.

12.3 Repairs Manager is responsible for the day to day managing of claims and will liaise with other departments to ensure the implementation of the policy.

12.4 Health and Safety Compliance Manager is responsible for managing any personal injury or other such claims through our insurers.

12.5 Resolution Lead is responsible for informing the Repairs Manager of any complaints (existing, or new) that may be associated with an ongoing disrepair claim or has the potential to become a new disrepair claim.

12.6 All managers and staff will be proactive at all times to be aware of potential claims for disrepair in the following ways:

► learning outcomes from current and historic disrepair claims.
► during periodic tenancy and property inspections to ensure properties are in a suitable condition and to flag up potential concerns to managers.

Appendix 1 – Glossary (in alphabetic order)

• Disrepair: There is no legal definition for disrepair, it simply means, the condition of ‘needing to repair’. As a tenant living in a council or housing association property, you have the right to live in a safe and well-maintained home. The most common examples of disrepair relate to damp, structural defects, failure of installations for supply of essential services e.g. water and electric and failure of heating.
B3Living is legally obliged to repair and maintain the homes it lets. Properties that fall below the standard are deemed to be in a ‘state of disrepair’.

• Disrepair Claim: A disrepair claim is a civil claim arising from the condition of residential premises and may include a related personal injury claim.

• Expert: A suitably qualified person who acts as an independent witness for the benefit of the court, and who prepares a report addressing the allegations of disrepair. Usually, a member of The Chartered Institute of Environmental Health, or a registered member of The Law Society or a registered member of The Royal Institution of Chartered Surveyors.

• Pre-Action Protocol for Housing Disrepair Cases (Disrepair Protocol): A procedural framework (following Civil Procedure Rules), to be used by parties in the pre-action stages of a disrepair claim, intended to provide a framework within which parties in a housing disrepair claim can attempt to early and appropriate resolution.

• Survey: An inspection or assessment by B3Living staff or third-party contractors of the fabric, structure or related components of our premises or stock.

• Tenancy / Tenancy Agreement: A legal agreement (contract) in which someone has the right to live in or use a building or land owned by someone else in exchange for paying rent to its owner. The term ‘tenancy’ can also be used to describe the period of time during which someone rents the property.

• Tenancy Type: This specifically relates to the type of tenancy agreement, in which there are several to choose from. Generally, tenancies are short term or long term, fixed or flexible, and their use can be dependent on whether it’s a private landlord, or a social landlord. This policy mainly refers to Assured Shorthold and Assured Non-Shorthold tenancies, with some variations in between.

• Implied Terms: Implied terms are provisions that are not explicitly stated in the tenancy agreement but are assumed to be included based on legal requirements, common law, or customary practices. These terms ensure that certain fundamental rights and obligations are upheld, even if they are not written down. Examples include:

► Right to quiet enjoyment: Tenants have the right to live in the property without interference from the landlord.
► Fitness for habitation: The property must be safe, healthy, and suitable for living.
► Repair obligations: Landlords are responsible for maintaining the structure and exterior of the property, as well as ensuring that essential services (e.g., heating, water) are in working order.
► Legal compliance: Both parties must comply with relevant laws and regulations, such as health and safety standards.

• Express Terms: Express terms are the specific provisions that are explicitly stated in the tenancy agreement. These terms are clearly defined and agreed upon by both the landlord and the tenant. They form the basis of the contractual relationship and typically include:

► Names of the parties: The landlord and tenant(s) involved in the agreement.
► Property details: The address and description of the rental property.
► Rent amount: The total rent to be paid, the frequency of payments, and the due date.
► Duration of the tenancy: The start date, length of the tenancy, and any conditions for renewal or termination.