North Yorkshire Council

 

Housing & Leisure Overview & Scrutiny Committee

 

11th June 2025

 

Draft Disrepair Policy

 

Report of the Corporate Director Community Development

 

1.0      PURPOSE OF REPORT

 

1.1       The purpose of the report is for the Members of the Overview and Scrutiny Committee to consider the draft Disrepair Policy, intended for implementation to manage reports of disrepair and legal disrepair claims, ensure compliance with legal standards and provide clarity for tenants and officers of North Yorkshire Council.  

 

2.0       SUMMARY

 

2.1       This report highlights the need for North Yorkshire Council (NYC/ the Council) to adopt a single Disrepair Policy to deal with reports of disrepair for its tenants and leaseholders that are dissatisfied with the condition of their homes, to ensure consistency across the county.

 

2.2       A Disrepair Policy is necessary to align with current legislative standards, and to ensure the Council meets its obligations in maintaining housing in a condition that is safe and habitable for tenants.

 

2.3       The draft policy in its current form sets out the Council’s approach to reports of disrepair for its tenants and leaseholders. It also highlights responsibilities of the Council, and those of tenants and leaseholders.

 

2.4       In lieu of any legacy policies across former district and borough councils prior to local government reorganisation (LGR), the draft policy has been written based on examples of best practice from other Local Authorities and the Ministry of Justice’s Pre-Action Protocol for Housing Condition Claims (England). The purpose of this report is to gain the view of Members to help inform the final recommendation to the Executive Member.

 

3.0       BACKGROUND

 

3.1       North Yorkshire Council’s Housing Revenue Account (HRA) Policy Framework for Landlord Services and Housing Standards is a key component in the Council’s Housing Improvement Programme to meet the requirements of the Social Housing (Regulations) Act 2023 and to demonstrate compliance with the Consumer Standards set by the Regulator for Social Housing.

 

3.2       Work is underway to harmonise policies across the HRA functions. Transparency in decision-making around those policies is central to the revised Consumer Standards, as data-based decision making is a critical tool in the Council’s ability to demonstrate service improvement and delivery being driven by the specific needs and vulnerabilities of its tenants.

 

3.3       Following LGR in North Yorkshire, the new unitary authority acquired responsibility for approximately 8,500 homes previously owned by the former district and borough Councils. The former stock holding authorities of Harrogate Borough Council, Richmondshire District Council and Selby District Council each operated their own procedures for managing disrepair claims. Importantly, while operational practices existed, none had a formal, dedicated disrepair policy in place. This meant there was no unified standard, and as a result, tenants across North Yorkshire have experienced varying levels of service and inconsistent approaches to disrepair claims and issues.  

 

3.4       In the absence of legacy policies to review, this policy has been drafted with reference to the Ministry of Justice’s Pre-Action Protocol for Housing Condition Claims (England), supplemented by examples of best practice from other local authorities.

 

3.5       The development of this policy represents a critical step in standardising service delivery across the unified housing service, ensuring all tenants in North Yorkshire receive fair, timely and legally compliant responses to disrepair issues, regardless of where they live.

 

3.6       NYC has seen an increase in legal disrepair claims, reflecting both heightened tenant awareness and operational challenges following LGR. The transition to a single unitary authority has brought together multiple legacy housing services, each with differing systems, standards, and maintenance histories. This has contributed to a more complex and varied housing stock, increasing the scale and scope of maintenance responsibilities. As of May 2025, the Council is managing 105 ongoing legal disrepair claims. These claims have been initiated by tenants who allege that the Council has failed to carry out necessary repairs within a reasonable timeframe, potentially resulting in adverse living conditions.

 

3.7       The nature of these claims varies, but commonly cited issues include persistent damp and mould. These types of claims consistently represent the most frequent category of disrepair cases, indicating widespread concern across the housing stock. The volume and consistency of these claims highlight damp and mould as the predominant issues raised under the disrepair process.

 

3.8       There has recently been an increased national scrutiny on housing standards and a focus on housing disrepair and a promotion of disrepair claims. This is following the publications of multiple high profile disrepair cases in the sector, and wide media campaigns targeting tenants.

 

3.9       For tenants, although many law firms offer ‘no win no fee’ arrangements they often still face hidden costs or deductions from any awarded compensation. In cases where claims are unsuccessful or withdrawn, tenants are usually liable for legal or court related expenses. Legal firms may lead tenants to pursue litigation unnecessarily, when cooperative solutions could be more effective, cost saving and less stressful.  Tenants are often targeted by ‘claims farmers’, by way of cold calling, leaflet dropping and through social media, and encouraged to make disrepair claims.  Some let tenants believe they are supported by and/or working for the Council when they are not.  Claims farmers then sell the tenants’ information on to legal firms for their own gain.

 

3.10     The legal process may also delay essential repairs, as the tenant may be advised not to allow the Council access to the property to complete non-urgent works while the disrepair claim is live. This may leave tenants in substandard conditions for an extended period of time, is a breach of the Pre-Action Protocol for Housing Conditions (England) and may leave the Council with no option but to take injunctive action against the tenant and/or leaseholder for access and recover the costs of doing so.

 

3.11     For the council, the surge in disrepair claims presents financial challenges. In total £151,616 was paid in disrepair claims in 2024/25 in terms of compensation, and £59,401 was paid in relation to Legal cost claims.  In the same period, the Council’s Legal and Surveyors fees relating to these claims were £125,981.

 

3.12     The reputational impact is also considerable, as media coverage of disrepair cases may erode public trust, even where the council is actively working to improve housing conditions. The volume of claims also increases the workload for both the housing and legal services, potentially slowing down service delivery. The nature of legal claims may also damage the relationship between the council and it’s tenants, making collaborative efforts to improve housing stock more difficult.

 

3.13     Although the promotion of disrepair claims has highlighted important issues in housing quality, it has introduced financial and operational challenges for the Council.

 

4.0       DISREPAIR POLICY

 

4.1       The Disrepair Policy sets out North Yorkshire Council’s approach to managing reports of disrepair from tenants and leaseholders who are dissatisfied with the condition of their homes. It provides a clear framework for addressing such issues in a fair, consistent, and legally compliant manner.

 

4.2       The Council recognises that, despite best efforts, there may be occasions where homes are not maintained to the expected standard. In such cases, it is essential that the Council takes accountability, whether through the formal complaints process or in response to legal disrepair claims initiated by residents or their representatives.

4.3       The Council is legally obligated to address housing disrepair in accordance with several key pieces of legislation, including the Landlord and Tenant Act 1985, the Environmental Protection Act 1990, and the Homes (Fitness for Human Habitation) Act 2018. These laws require landlords to maintain properties in a habitable condition and to respond promptly to disrepair reports.

4.4       This policy has been developed to ensure compliance with these legal duties while also supporting effective and timely repair management. It replaces previous inconsistent practices with a unified approach.

4.5       A single Disrepair Policy ensures that all tenants are treated equally, regardless of locality. It eliminates discrepancies and promotes transparency, helping tenants and leaseholders understand their rights and the process for raising disrepair concerns. This aligns with the Regulator of Social Housing’s Transparency, Influence and Accountability Standard, which requires landlords to be open, fair, and respectful in their service delivery.

4.6       From an operational perspective, managing one policy improves efficiency. It simplifies staff training, reduces administrative complexity, and supports quicker resolution of disrepair claims.

4.7       Collectively, these measures contribute to improved service delivery. A clear and consistent policy framework enhances responsiveness and accountability, ensuring tenants understand their rights and responsibilities while equipping staff with the            to manage disrepair effectively. This reduces ambiguity, streamlines internal processes, and builds trust between tenants and the Council.

4.8       By proactively addressing disrepair and improving communication, the Council can also reduce the risk of disputes escalating into legal action—lowering legal costs, minimising reputational risk, and allowing more resources to be directed toward service improvements. Ultimately, this results in better outcomes for tenants, including safer, well-maintained homes and a more transparent, supportive housing service.

 

5.0       REGULATOR OF SOCIAL HOUSING CONSUMER STANDARDS

 

5.1       The Council, as a local authority landlord is committed to meeting the Regulator of Social Housing’s Consumer Standards. The Disrepair Policy plays a key role in delivering this, by ensuring that reported disrepair issues and claims are handled in a way that protects tenants, supports safe living environments and builds trust in the services.

 

5.2       The Disrepair Policy supports the Safety and Quality Standard by setting out clear expectations on how the Council will respond to reports of disrepair that impact the safety, condition and habitability of its stock and tenants. By ensuring that tenants live in homes that are safe and well maintained, the policy enables the Council to fulfil its duties under this standard.

 

5.3       The Council are committed to being open and responsive to how disrepair claims are addressed, meeting the expectations under the Transparency, Influence and Accountability Standard. The policy will be clear, consistent and accessible to tenants and leaseholders, outlining what they can expect when they report and claim disrepair. The Council is committed to keeping tenants informed and offering clear pathways to raise concerns and make complaints. The policy will work alongside the complaints and compensation processes to provide fair outcomes for tenants and leaseholders.

 

5.4       The Disrepair Policy also underpins the Councils compliance with the Tenancy Standard. By responding to disrepair claims in a timely and effective manner, the Council minimises tenant stress and dissatisfaction, thereby supporting the continuation of tenancies. Proactive resolution of disrepair discourages tenants from prematurely seeking to end their tenancy agreement as a result of living conditions.

 

6.0       TENANTS VOICE

 

6.1       As above, it is a requirement of the Regulator of Social Housing Transparency, Influence and Accountability standard for a Registered provider, ‘to take tenant’s views into account in their decision making about how landlord services are delivered and communicate how tenant’s views have been considered.’

 

6.2       Consultation has been undertaken with tenants in the form of a Tenant Focus Group which was held on the 27 May 2025. Four involved tenants attended, and they were provided with an opportunity to engage directly with the draft policy, understand it’s implications and contribute their perspectives to ensure the final draft is both effective and accessible. Tenants were encouraged to share their overall impressions of the policy, suggest any changes or additions and to raise any issues not covered in the structured discussion points.

 

6.3       During the session, tenants were guided through several key aspects of the policy, including clarity on the definition and scope of disrepair, tenant and landlord responsibilities, handling of disrepair claims and potential for legal action including the use of alternative dispute resolution and communication and accessibility of the policy.    

 

6.4       Tenant feedback on the draft Disrepair Policy indicated that the document was generally clear and well-structured throughout. Participants felt that the policy effectively outlined the responsibilities of both the Council and tenants, and that the language used was accessible and easy to understand.

6.5       However, tenants also raised the importance of proactive communication from the Council regarding the steps being taken to prevent disrepair claims from arising in the first place. They felt that greater transparency around preventative maintenance and investment in housing stock would help build trust and reduce the likelihood of formal claims.

6.6       There was also discussion around the growing presence of third-party disrepair claims companies, particularly those operating on a “no win, no fee” basis. Tenants expressed concern about the lack of accessible information warning them about the risks and implications of engaging with such firms. They suggested that the Council should provide clear guidance to help tenants make informed decisions and avoid potential exploitation.

6.7       There was also discussion around the terminology used in the policy, particularly the inconsistent use of ‘calendar days’ and ‘working days’ across different policies e.g. the repairs standard using working days, and the compensation policy using calendar days. Tenants felt like a single, consistent approach should be adopted throughout the documents to avoid confusion.

 

6.8       Additionally, tenants proposed that the policy should be reviewed after it’s first year of implementation and then every three years thereafter to ensure it remains relevant and responsive to tenants needs.

 

6.9       As a result of the tenant feedback received during the focus group, several enhancements will be made to the draft Disrepair Policy to ensure it is not only clear but also proactive and informative. Clarifications will be made around terminology, such as the consistent use of calendar days or working days. Additionally, the Council will explore ways to provide tenants with accessible information about third-party disrepair claims companies, particularly those operating on a “no win, no fee” basis, to help tenants make informed decisions and avoid potential risks. These changes reflect a commitment to transparency, tenant empowerment, and continuous improvement in service delivery.

               

 

7.0       CONTRIBUTION TO COUNCIL PRIORITIES

 

7.1       The draft Disrepair Policy North Yorkshire Council’s strategic priorities as outlined in the Council Plan. It contributes to the priority of “Putting residents first” by ensuring that tenants have access to safe, secure, and well-maintained homes, and that clear standards and expectations are in place for how disrepair issues are addressed.

7.2       By formalising a consistent and timely response to disrepair across the housing stock, the policy promotes “High-quality, efficient, and effective public services”, reducing delays, improving tenant satisfaction, and ensuring legal compliance.

 

8.0       ALTERNATIVE OPTIONS CONSIDERED

 

8.1       An alternative option would be to not create a single Disrepair Policy and continue with previous procedures in place in the former localities. This is not recommended, as it would likely result in inconsistent service standards, unequal treatment of tenants, and inefficiencies in addressing housing disrepair issues. 

 

8.2       Without a unified policy, staff may follow outdated or conflicting procedures, leading to confusion, delays in repairs, and potential legal risks. It would hinder the local authority’s ability to monitor performance, ensure accountability, and deliver a fair and transparent service across all areas.

 

9.0       FINANCIAL IMPLICATIONS

 

9.1       As presented in paragraph 3.12 disrepair claims are a costly avenue once a legal process is involved, with better outcomes for the Council and Tenant if this can be avoided.  Whilst the implementation of this Policy does not directly correlate to a reduction in these costs, it is part of the overall service improvement plan covering repairs handling, tenant communication and a significant capital programme investing in our homes, which should ultimately result in fewer instances of cases reaching the disrepair process.

 

9.2       To provide context for the costs that could be avoided, table 1 below sets out the costs relating to disrepair claims during financial year 2024/25, along with the budget for 2025/26.  Table 2 provides an estimate of the provisional costs for current cases (as at May 2025) which are still to be settled.

 

            Table 1

              

2024/25 Actuals (£)

2025/26 Budget (£)

Compensation

151,616

 

210,700

Surveys & Legal case handling

125,981

 

53,000

Tenant Legal costs claimed

59,401

 

100,000

 

336,998

 

363,700

 

            Table 2

 

Provisional Sums for open cases (£)

Compensation

97,000

Surveys & Legal case handling

141,400

Claimant Legal Costs Claimed

484,500

 

722,900

 

10.0     LEGAL IMPLICATIONS

 

10.1     Under section 11 of the Landlord and Tenant Act 1985, the Council has a duty to keep in repair the structure, exterior and installations for supply of water, gas, electricity, sanitation, space heating and heating water of its properties.  Further, under section 9A of the Act, it must ensure that its properties are fit for human habitation.  For the Council to have breached its duties, there must be actionable disrepair, which the Council was on notice of and which it failed to remedy within a reasonable time. 

 

10.2     Legal disrepair claims are resulting in significant costs to social landlords nationwide and also for many tenants who are being manipulated into making such claims by ‘claims farmers’ and on ‘no win no fee’ basis for their own gain – often where no defects have been reported to the Council.  The overarching principle of the Civil Procedure Rules is that litigation should always be a last resort.  As such, it is imperative that legal disrepair claims should be avoided, and other avenues utilised where a tenant and/or leaseholder is dissatisfied with the condition of their property. The Disrepair Policy should make clear: the obligations on both the Council as landlord and tenants and/or leaseholders, including reporting obligations; the routes available if the tenant remains dissatisfied, including how to report repairs and signposting of the complaints and Housing Ombudsman process; and how the Council will deal with legal disrepair claims in line with the Pre-Action Protocol for Housing Conditions (England), including the risks to tenants and/or leaseholders.

 

11.0     EQUALITIES IMPLICATIONS

 

11.1     An Equalities Impact Assessment Form has been completed and reviewed internally, which has identified that the proposal will have no negative impact on anyone with any protected characteristics.

 

11.2     Mitigation will be taken through robust governance assurance on complaints and disrepair claims raised, led by a quarterly complaints report.

 

11.3     A key consideration is the accessibility of this policy, and it is proposed that the policy be publicised via the tenants newsletter, and available on the website. A hard copy of the policy will be provided to any tenant upon request and in other formats as required.

 

12.0     CLIMATE CHANGE IMPLICATIONS

 

12.1     A Climate Change Impact Assessment (CCIA) screening form has been completed, which has concluded that the policy results in no positive or negative climate change impacts.

 

13.0     PERFORMANCE IMPLICATIONS

 

13.1     Although disrepair performance indicators have not been routinely reported in the past, this is being addressed as part of the Performance Framework for the Housing Revenue Account that is currently being drafted. As part of this framework, Tier 2 performance dashboards are being developed for both the Housing Standards and Housing Management and Landlord Services. These dashboards will include key metrics related to disrepair, enabling more consistent tracking, analysis and reporting of performance in this area moving forward.

 

14.0     POLICY IMPLICATIONS

 

14.1     The draft Disrepair Policy would replace the existing procedures in place across the County.

 

14.2     The Housing Service will adopt the policy following approval. 

 

15.0     RISK MANAGEMENT IMPLICATIONS

 

15.1     The Council risks reputational damage in a situation where there is no single Disrepair Policy.  Claims need to be managed effectively, quickly and robustly with a published procedure that is clearly communicated with tenants. Without this, it would be difficult to manage the expectations of tenants who are in the process of a disrepair claim, potentially leading to negative perceptions of the Council.

 

15.2     The Council (in its role as Social Housing Landlord) also risks a further breach of the Regulator of Social Housings’ consumer standards and which in turn would undermine their confidence in the improvement plan we have already submitted following the issuing of their regulatory judgement earlier this year.

 

16.0     REASONS FOR RECOMMENDATIONS

 

16.1     The Disrepair Policy will ensure the organisation meets legal obligations, reducing the risk of claims against the Council for failing to maintain its properties.

 

16.2     Unresolved disrepair can lead to health hazards, which often form the basis of tenant claims. A proactive policy demonstrates duty of care and helps prevent harm that could result in compensation claims. A structured policy supports early intervention, protecting the property and reducing legal exposure.

 

16.3     The disrepair policy outlines responsibilities and response times, which can be used to defend against claims by showing that reasonable steps were taken to address reported issues.

 

16.4     Managing disrepair claims reactively is costly. A policy that encourages early resolution and clear documentation helps avoid legal fees, compensation payouts, and court costs.

 

16.5     Tenants are less likely to pursue legal claims when they feel their concerns are taken seriously. A transparent policy builds trust and encourages resolution without litigation.

 

17.0

 

17.1

RECOMMENDATION(S)      

 

The Committee are asked to note the report and provide:

 

 

i)       Feedback on the content of the draft Disrepair Policy.

 

ii)      Any further recommendations or considerations to accompany the report  for discussion with the Executive Member for Culture, Arts and Housing.

 

 

           

Nic Harne

Corporate Director Community Development

County Hall

Northallerton

 

2 June 2026

 

Report Author – Imogen Downie, Housing Policy and Strategy Officer (Service Improvement)

Presenter of Report – Vicky Young, Service Improvement Manager          

 

BACKGROUND DOCUMENTS: None

 

APPENDICES:

Appendix A – Draft Disrepair Policy

Appendix B – Equalities Impact Assessment

Appendix C – Climate Change Impact Assessment Screening Form

 

 

Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.