Birmingham Structural Disrepair Claim Settled On The Day of Trial

Our client had reported cracking and other disrepair to Birmingham City Council months before instructing Antony Hodari Solicitors.

Expert evidence subsequently identified potentially significant structural movement. A Chartered Structural Engineer recommended underpinning, tie bars and crack monitoring.

Despite the expert evidence, the claim progressed all the way to trial before agreement was reached.

The case settled on the day of trial, securing damages and legal costs for our client, as well as a Court-ordered process designed to ensure that the underlying structural problems were properly investigated and remedied.

What disrepair had our client reported?

Our client first reported problems with the property to Birmingham City Council in March 2024.

The disrepair affected several parts of her home, including:

• the guttering;
• the front door;
• the hallway;
• the windows; and
• the external render.

The cracking to the external render was of particular concern.

After our client instructed us, independent surveying evidence identified extensive cracking around the first floor window openings and to an adjacent wall.

The surveyor considered the cracking sufficiently significant to recommend that a Chartered Structural Engineer inspect the property before remedial works were undertaken.

Were the cracks evidence of structural movement?

Cracking to external render can have a number of causes. Where cracking is extensive, recurring or associated with movement to the building, simply repairing the surface may not address the underlying problem. You can read more about how these claims work on our structural defects page.

In our client’s case, further investigation was recommended.

A Chartered Structural Engineer subsequently inspected the property and identified substantial structural works that were required.

These included:

• underpinning;
• installation of tie bars; and
• crack gauge monitoring over a period of time to establish whether movement was continuing.

This was considerably more extensive than simply repairing the visible cracking.

What had Birmingham City Council done about the structural problems?

Structural concerns had already been identified at the property, including by the landlord’s own expert.

Despite this, the underlying cause of the cracking had not been investigated by a structural engineer, and the works that were carried out did not resolve the problem.

The significance of the cracking therefore remained outstanding when our client approached Antony Hodari Solicitors.

What happened after Antony Hodari Solicitors were instructed?

Our client instructed us in September 2024, approximately six months after she had first reported the problems.

We obtained independent surveying evidence, which recommended further structural investigation.

We then instructed a Chartered Structural Engineer.

The engineer’s assessment provided more detailed evidence about the cause and extent of the problem and identified the structural measures required, including underpinning and tie bars.

The evidence also recommended the installation and monitoring of crack gauges to establish whether movement at the property had stabilised.

Why did the housing disrepair claim go to Court?

The claim could not be resolved on terms that adequately addressed the outstanding disrepair, so Court proceedings were issued.

The case was subsequently listed for trial.

Agreement was eventually reached on the day of trial.

Importantly for our client, the settlement did not deal only with compensation. It also established a process for determining and completing the structural remedial works.

What did our client secure on the day of trial?

The settlement provided for damages and our client’s legal costs.

It also addressed the outstanding structural disrepair.

The Court order required the landlord to arrange a further structural expert inspection. Following that inspection, the experts for both parties would seek to agree a schedule setting out the remedial works required.

Those works would then have to be completed within a defined timeframe.

Why had the structural disrepair claim not settled earlier?

By the time of trial there was substantial expert evidence concerning the property.

Structural concerns had been identified. Our independent surveyor had recommended assessment by a Chartered Structural Engineer, and the structural engineer had subsequently recommended underpinning, tie bars and crack monitoring.

Despite this evidence, the claim was not resolved until the day of trial.

Court proceedings ultimately secured a formal process through which the structural condition of the property would be investigated and the necessary remedial works agreed and completed.

Frequently asked questions about structural disrepair claims

My landlord repaired cracks but they have come back. Can I make a housing disrepair claim?

Potentially. Recurring cracks can indicate that the cause of the cracking has not been properly identified or remedied. Whether there is actionable housing disrepair will depend on matters including the cause of the problem, the landlord’s repairing obligations, what notice the landlord had and what action it took.

In this case, repairing the visible cracking was not enough. Expert investigation identified a need for significant structural works.

Can a housing disrepair claim make my landlord carry out repairs?

A housing disrepair claim can seek more than compensation. Depending upon the circumstances, a claim can also seek an order requiring a landlord to carry out necessary remedial works.

In this case, the Court order established an expert process to identify the structural works required and provided a defined timeframe for those works to be completed.

Can I claim compensation for structural disrepair?

A tenant may be entitled to compensation where a landlord has failed to comply with its repairing obligations after having appropriate notice of the disrepair.

The amount will depend upon the individual circumstances, including the nature and extent of the defects, how long they persisted and the effect they had on the tenant’s use and enjoyment of the property.

Who pays for a surveyor or structural engineer in a housing disrepair claim?

Expert evidence is often required to establish the nature, cause and extent of housing disrepair. Antony Hodari Solicitors can arrange the necessary expert evidence when progressing an eligible claim. In this case, evidence was obtained from both an independent surveyor and a Chartered Structural Engineer.

The recovery of expert costs from the landlord will depend upon the outcome of the claim and the applicable costs rules.

Does it matter that my landlord is Birmingham City Council?

Housing disrepair claims can potentially be brought by tenants of local authorities and housing associations. The precise legal obligations depend upon the tenancy, the nature of the defect and the circumstances of the individual case.

Antony Hodari Solicitors acts for social housing tenants across England in claims involving councils and housing associations.

Can I bring a housing disrepair claim on a no win, no fee basis?

Antony Hodari Solicitors acts for eligible social housing tenants on a no win, no fee basis.

If you have reported structural cracks, damp, leaks or other disrepair to your council or housing association and the problem has not been properly resolved, we can assess whether you may have a housing disrepair claim.