1. DEFENDING DISREPAIR CLAIMS Kuljit Bhogal 25 September 2006

2. Introduction Background Background Course content Course content Pre-Litigation Pre-Litigation Litigation Litigation Part 36 offers and Payments into Court Part 36 offers and Payments into Court

3. Pre-Litigation Common problems: Common problems: Unannounced attendance by contractor Unannounced attendance by contractor Disrepair reported to ‘wrong person’ Disrepair reported to ‘wrong person’ Wrong department is notified Wrong department is notified Lack of paper trail Lack of paper trail

4. Litigation Overriding factor is to repair defects which a Landlord is responsible for Overriding factor is to repair defects which a Landlord is responsible for Witness statements Witness statements Exhibit source documents Exhibit source documents Advantages of carrying out the repairs: Advantages of carrying out the repairs: Stop time running regarding damages Stop time running regarding damages May avoid specific performance May avoid specific performance Claim for damages may fall away Claim for damages may fall away

5. Part 36 offers and Payments in Advisable in almost every disrepair claim Advisable in almost every disrepair claim Consider the quality of evidence Consider the quality of evidence Make as soon as possible Make as soon as possible

6. Conclusions Inspection of property Inspection of property Carry out repairs as soon as possible Carry out repairs as soon as possible Reduce number of complaints Reduce number of complaints Avoid problem becoming worse Avoid problem becoming worse Avoid defect impacting on others Avoid defect impacting on others Commercially, housing stock maintained Commercially, housing stock maintained