Jurisdiction(s):
United Kingdom

Housing disrepair: value repairs at landlord’s in-house cost for CPR 26.6 allocation and CPR 46.13 costs—Jalili v Bury Council (England and Wales)

Published on: 27 August 2021

Published by a LexisNexis Property Disputes expert

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Article summary

Jalili v Bury Council 20210617 What are the practical implications of this case?

Recent years have seen a sharp rise in tenants pursuing housing disrepair claims against social landlords. How these cases are allocated to a track is somewhat atypical. Under CPR 26.6(b), such proceedings go to the small claims track where there is an application for an order obliging the landlord to carry out remedial works and ‘the cost of the repairs or other work to the premises is estimated to be not more than £1,000’ together with ‘the value of any other claim for damages is not more than £1,000’. Consequently, if specific performance is sought, the case moves to the fast track if either the estimated repair cost or the damages claim exceeds £1,000. Failing that, the fast track only applies where the damages claim exceeds £10,000. The majority of disrepair disputes conclude long before allocation occurs. In that situation, CPR 46.13(3) allows a costs judge to cap recoverable costs at the level that would have applied had allocation been made. It is a frequent feature of disrepair litigation for the proceedings to conclude pre-allocation, with costs curtailed by the track that would have applied on allocation...

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