Housing Disrepair Case Study – Default Judgment and Settlement Following Landlord’s Failure to Defend Claim
MJV Solicitors acted for a tenant who brought a housing conditions claim against a local authority landlord arising from long-standing disrepair at a one-bedroom flat within sheltered accommodation in London. The claim was pursued following years of failed repair attempts, repeated complaints, and a complete failure by the landlord to engage with the legal process once court proceedings were issued.
The client occupied the property under a tenancy agreement and had lived there for several years. The landlord was responsible for the repair and maintenance of the structure and installations of the property and for ensuring that the dwelling was fit for human habitation throughout the tenancy.
Once MJV Solicitors took the case forward, we secured expert evidence, obtained court orders following the landlord’s procedural default, and brought the matter to a settlement of £3,000 in damages, payment of legal costs on the standard basis, and a binding agreement to complete the remedial works identified by the expert.
Background and Disrepair History
The primary issue concerned a defective shower pump within the wet room. The client first reported problems as early as 2017–2018, with the situation worsening significantly by 2020. Water failed to drain from the shower area, requiring the client to manually mop up standing water after each use. This led to persistent damp and mould growth within the wet room, deterioration of flooring and sealants, and damage to fixtures and fittings.
Despite repeated reports by telephone and email, multiple inspections, and several attempted repairs by the landlord’s contractors, the underlying defect was never resolved. Appointments were frequently cancelled, repairs were short-lived, and on at least one occasion, the landlord’s contractor incorrectly claimed that repairs had been completed when no attendance had taken place.
The client escalated matters through the landlord’s complaints procedure and involved his local councillor. Even then, progress was minimal, and the disrepair continued unabated.
Letter of Claim and Legal Basis
MJV Solicitors sent a detailed letter of claim under the Pre-Action Protocol for Housing Conditions Claims (England). The claim relied on breaches of section 11 of the Landlord and Tenant Act 1985, sections 9A and 10 of the Landlord and Tenant Act 1985 as amended by the Homes (Fitness for Human Habitation) Act 2018, section 4 of the Defective Premises Act 1972, and the common law.
The letter of claim set out the history of notice, the nature of the defects, the landlord’s repeated failures to repair within a reasonable time, and the impact on the client’s health, dignity and enjoyment of his home. The landlord failed to provide a substantive response within the required timeframe.
For related information, please read these guides:
- What Landlords Must Repair in Council or Social Housing
- How to Gather Evidence for a Housing Disrepair Claim
- What Makes a Property Unfit for Human Habitation?
Expert Evidence
In the absence of engagement from the landlord, an independent Part 35 expert surveyor was instructed. The expert inspected the property and produced a detailed housing disrepair report and Scott Schedule.
The expert confirmed that the shower pump was defective, that water penetration and prolonged standing water had caused damp and mould growth, and that the condition of the wet room was not fit for human habitation. The report identified breaches of the landlord’s statutory repairing obligations and specified the remedial works required, including replacement of the wet room and associated fittings. The expert also identified damp and mould as a prescribed hazard under the Housing Health and Safety Rating System.
Court Proceedings and Default Judgment
As the landlord failed to respond to the letter of claim and did not engage with the expert process, court proceedings were issued. The landlord failed to file an acknowledgment of service or defence within the required time.
MJV Solicitors applied for default judgment on behalf of the tenant. The court made orders in favour of the tenant, listing the matter for further hearing and confirming the landlord’s procedural default.
Following the application for default judgment and the making of court orders, the landlord entered into settlement negotiations.
The Outcome: Damages, Costs and Agreed Repairs
The claim settled without the need for a disposal hearing or further contested application. The settlement provided for the payment of damages to the tenant in the sum of £3,000, subject to any lawful deductions for rent arrears, together with the landlord’s agreement to carry out the remedial works identified in the expert’s report within a defined timeframe. The landlord also agreed to pay the tenant’s legal costs on the standard basis.
The proceedings were stayed by consent, with liberty to apply to enforce the terms of settlement if required.
Key Outcome and Significance
This case demonstrates the effectiveness of robust litigation where landlords fail to engage with housing disrepair claims. It highlights that ignoring court proceedings can result in default judgment and adverse cost consequences, and that tenants can still achieve a favourable outcome without the need for a contested final hearing.
MJV Solicitors regularly act for tenants in housing disrepair claims involving damp and mould, defective bathrooms, failed drainage, and long-standing neglect by social landlords. The firm has extensive experience in progressing claims to judgment where necessary and securing compensation and repairs even in cases where landlords fail to respond or defend proceedings.
Why Clients Trust MJV Solicitors
We take a no-nonsense approach. We cut through delays, gather the right evidence quickly and drive cases to settlement, even where landlords ignore both their repairing obligations and the legal process itself. Our clients value the fact that we stay focused on results: getting repairs completed, securing compensation and moving cases forward with determination and clarity.
We do not overpromise. We deliver.
Need Help with Housing Disrepair?
If you are living with damp, mould, drainage issues, defective bathrooms or any form of disrepair and your landlord is not taking action, we can help you in the same straightforward, effective way.
To speak with a member of our housing disrepair team about how we can help or to find out more about our services:
- Call 01253 858231
- Email us at info@mjvlaw.co.uk
- Complete our enquiry form
Read about some of our other successful disrepair claims, and how we helped:
- Tenant Wins £4,500 Compensation After Decade of Damp, Leaks and Failed Repairs
- Long-Term Leak Resolved with Compensation and Repairs
- Family Wins £10,500 Compensation After Years of Damp, Mould and Failed Repairs
Useful Guides for Tenants:
- How Much is a Housing Disrepair Claim Worth in England?
- Why Damp and Mould Claims Are Increasing in England
- Damp and Mould in Social Housing: Who is Responsible?
- What is Housing Disrepair? A Guide for Council and Housing Association Tenants
- How to Gather Evidence for a Housing Disrepair Claim
- How Does Housing Disrepair Affect Your Health and What Can You Do?
- What Makes a Property Unfit for Human Habitation?
