Housing Conditions Claims - Expert Evidence, Fitness, Injunctions & Pleadings

Introduction

This virtual classroom seminar is designed for lawyers acting for tenants in housing disrepair and housing conditions claims who already have experience in this area and want to sharpen their approach to four areas that can make a material difference to the outcome of a claim.

It will look at how to obtain and use expert evidence effectively; the practical lessons on fitness for human habitation arising from Harvey v Heaver [2026]; the developing role of injunctions and specific performance under Awaab’s Law. It will also cover practical pleading techniques, including the strategic use of Part 18 requests. The emphasis throughout will be on turning the legal framework and evidence into effective case preparation, interim remedies and pleadings.

The session concerns law and procedure in England and Wales, with Awaab’s Law applying to relevant social housing in England. It is not designed to cover the different regimes in Northern Ireland, Scotland, the Republic of Ireland or elsewhere in Europe. It will not focus on Wales.

What You Will Learn

This live and interactive course will cover the following:

• How to get more from a surveyor at every stage: framing focused instructions, identifying the right questions, testing causation and remedial recommendations, and ensuring the report addresses the issues the court will actually have to determine
• How to use expert evidence strategically rather than simply exhibiting a report, including identifying evidential gaps, dealing with disagreement between experts and linking technical findings to the remedy sought
• The key lessons from Harvey v Heaver on the meaning of fitness for human habitation under sections 9A and 10 of the Landlord and Tenant Act 1985, including the relevance of prescribed hazards, risk of harm and the HHSRS framework
• What Harvey v Heaver demonstrates about building and presenting a claimant’s case for current and prospective unfitness, the role of expert evidence and applications for specific performance
• How Awaab’s Law changes the practical landscape for urgent housing conditions cases, including the Phase 2 changes in force from 3 November 2026, prescribed investigation and safety-work duties and the statutory remedy of specific performance
• How to approach an application for an injunction or specific performance under Awaab’s Law, including the evidence needed to establish the hazard, the applicable duty, urgency, access issues and the precise order required
• How to plead housing conditions claims with greater precision, separating the factual defects, notice, statutory and contractual duties, breach, causation, loss and the remedies sought
• How and when Part 18 requests can be used to obtain clarification of an opponent’s case, narrow disputed issues and expose gaps in pleaded positions without turning the request into unnecessary satellite litigation
• Practical drafting tips for orders for works and settlement agreements that are enforceable

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.