Peabody structural disrepair claim settled with £3,500 damages and structural works
Our client had been reporting problems with her Peabody home since the middle of 2025. The most serious was cracking in several locations throughout the property, the kind of structural defect that needs proper investigation rather than surface repair.
The problems were not resolved. The works Peabody later proposed did not, in our view, address the underlying structural concerns identified by the independent expert.
She instructed Antony Hodari Solicitors in April 2026 on a no win, no fee basis. We obtained independent expert evidence and, when the claim could not be resolved, issued Court proceedings in August 2026.
The claim settled in September 2026 on the acceptance of a Part 36 offer, seven weeks after issue. The settlement secured £3,500 in damages, together with provision for the surveyor's recommended remedial works and the structural works required.
Case at a glance
What problems had our client reported to Peabody?
Our client had raised concerns about the condition of her home since around the middle of 2025.
Those reports did not lead to a resolution, and she instructed us in April 2026.
We arranged for an independent surveyor to inspect the property. The surveyor identified extensive disrepair and estimated the cost of remedial works at approximately £7,128.
The most significant finding was cracking in several locations throughout the property. The surveyor considered it serious enough to require further investigation by a structural engineer, and considered the defects prejudicial to health and safety.
Why did the problem persist?
Cracking of this kind cannot be dealt with by filling and redecorating. The underlying cause has to be identified first.
Peabody proposed works that, in our view, did not address the structural concerns the independent expert had raised.
Where cracking is extensive or recurring, cosmetic repairs may leave the defect responsible for the movement untouched. The expert evidence in this case supported further structural investigation rather than repair of the visible damage alone.
Our focus was therefore on securing works that dealt with the cause of the cracking, not its appearance.
What did Antony Hodari Solicitors do?
We obtained independent expert evidence early. The surveyor's report established that this was not a case of cosmetic cracks, and it gave us an objective basis for challenging works that would not resolve the underlying problem.
We sent a letter of claim in April 2026 under the Pre-Action Protocol for Housing Conditions Claims and sought to resolve the claim without litigation. Satisfactory terms were not forthcoming.
Court proceedings were issued in August 2026, approximately four months after we were instructed.
As the litigation progressed, further questions arose about the structural condition of the property and the involvement of its mortgagee and insurer. The claim settled in September 2026 on the acceptance of a Part 36 offer, approximately seven weeks after issue.
How did the claim settle?
The settlement provided our client with £3,500 in damages, approximately five months after she instructed us.
It also dealt with the condition of the property. The agreement included provision for the remedial works identified by the independent surveyor and for the structural works required.
For our client, proper investigation and repair of the underlying problem was as important as the damages. Because the claim settled by Part 36 offer rather than on confidential terms, the outcome can be reported in full.
Is a landlord responsible for cracks in the walls?
Under section 11 of the Landlord and Tenant Act 1985, a landlord must keep the structure and exterior of the property in repair. Cracking caused by movement or another structural defect will usually fall within that duty, although liability depends on the tenancy, the cause of the cracking, notice to the landlord and the landlord's response. Where the condition of the home affects health or safety, section 9A of the same Act, inserted by the Homes (Fitness for Human Habitation) Act 2018, may also apply.
In this case, the independent surveyor considered the cracking serious enough to need a structural engineer's investigation.
Can my landlord just fill and redecorate structural cracks?
Whether that is an adequate repair depends on the cause. Where cracking is linked to an underlying structural issue, repairing the surface alone may not address it, and the cracks may return. A housing disrepair claim can seek more than damages; depending on the expert evidence, it can also secure the works needed to remedy the underlying defect.
Here, the expert evidence indicated that further structural investigation was required, and the settlement included both the surveyor's recommended works and provision for structural works.
What is a Part 36 offer?
A Part 36 offer is a formal offer to settle made under Part 36 of the Civil Procedure Rules. Either side can make one, before or after proceedings are issued. If it is refused and the Court later gives the party who made it an outcome at least as good as the offer, the party who refused it will usually face additional costs consequences. That gives both sides a strong reason to settle on reasonable terms, and a settlement reached this way is not confidential in the way a Tomlin order often is.
In this case, the claim settled in September 2026 on the acceptance of a Part 36 offer, approximately seven weeks after proceedings were issued.
Can I claim compensation for structural disrepair?
Whether compensation is recoverable, and how much, depends on the facts of the individual case, including the defects, how long they persisted, notice to the landlord and the effect on the tenant. No amount is typical.
Our client secured £3,500 in damages alongside the works.
How long does a housing disrepair claim take?
It depends on the defects, the landlord's response and whether proceedings are needed. The Pre-Action Protocol gives the landlord a set period to respond to the letter of claim; if the claim does not settle at that stage, proceedings can be issued and the claim may still settle before trial.
In this case, the letter of claim was sent in April 2026, proceedings were issued in August 2026 and the claim settled in September 2026, approximately five months from instruction.
Can I make a housing disrepair claim against Peabody?
Peabody tenants, like other social housing tenants, may be able to bring a claim where the landlord has not met its repairing obligations within a reasonable time of being told about the defects. Whether a claim can be pursued depends on the individual facts.
This case involved a Peabody tenant whose claim concluded with damages and provision for both general and structural remedial works.
Related case studies
Are you living with serious cracking or structural disrepair?
If you are a social housing tenant in England and have reported significant cracking, structural movement or other disrepair that has not been properly resolved, Antony Hodari Solicitors can assess whether you may have a claim.
We act on a no win, no fee basis in eligible housing disrepair cases, and you can read more of our case studies to see how similar matters have concluded.
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