Housing Disrepair and Expert Witness Standards: Why RICS Must Act Now

complaints and claims industry regulation

Recently, I've become increasingly aware of serious concerns involving surveyors and firms operating in housing disrepair and expert witness roles.

Unfortunately, this sector often attracts no-win, no-fee solicitors who target vulnerable tenants with promises of compensation for poor living conditions and take legal action against the landlord, usually a local authority or a housing association. Housing disrepair claims are important because tenants deserve to live in habitable homes, but the sector faces significant ethical and professional challenges. Surveyors have a professional responsibility to highlight these issues, not contribute to them.

What's Happening in the Housing Disrepair Sector?

Surveyors and firms providing housing disrepair expert witness reports frequently produce poor-quality or misleading reports and breach the RICS Expert Witness Standards. Issues include surveyors failing to appear in court - causing cases to collapse -and incorrect or falsified qualifications and experience presented in CVs. Many surveyors undertake expert witness work without adequate awareness of the specialised training required; indeed, some have never undergone formal expert witness training. Performing a Level 2 home buyers report does not automatically qualify a surveyor for housing disrepair expert witness work, where their duty is to the court rather than the claimant. This insufficient training, skill, and relevant experience can sometimes lead to behaviour bordering on fraudulent. Equally troubling, many firms claim RICS regulatory oversight without proper verification, undermining our profession and leaving vulnerable tenants without essential protection.

The Cost to Society and Our Profession

When housing disrepair surveyors or firms fail to fulfil their professional duties, legal cases collapse or result in unjust settlements, diverting substantial sums of money that could instead improve living conditions. These outcomes are rarely publicly disclosed, allowing poor practices to persist unchecked.

After extensive discussions with surveyors, solicitors, expert witness trainers, and others familiar with these challenges, it's clear urgent action from RICS is needed.

My Suggestions to RICS

To effectively address these critical issues, in March I wrote to RICS to recommend RICS urgently:

Issues a Practice Alert clarifying surveyor responsibilities in housing disrepair cases.
Assigns clear responsibility for housing disrepair within the Knowledge and Practice Committee and Standards Team.
Specifically addresses housing disrepair in the upcoming Expert Witness Standard (5th Edition).
Enhances RICS expert witness training to include specific references to housing disrepair or creates dedicated training for surveyors in this sector.
Explores developing a dedicated housing disrepair standard, similar to the Home Survey Standard.
Establishes a dedicated, knowledgeable team within RICS Regulation to manage housing disrepair complaints efficiently.
Publishes an accurate, reliable register of qualified expert witness surveyors, recognising the inadequacy of the current "Find a Surveyor" tool.

Clearer guidance for surveyors is essential. This should empower RICS to act promptly and send a clear message to courts, solicitors, landlords, housing associations, and local authorities that RICS prioritises professional integrity and consumer protection.

My concern is that RICS currently faces limitations in its regulatory authority, particularly following court decisions, even when breaches of standards are evident. Urgent reform is needed to enable swift, meaningful regulatory responses. I've also observed situations where surveyors were aware of questionable practices yet did not report them, even when their reputations were at stake. This suggests a worrying lack of trust or engagement with RICS and its Rules of Conduct, which should deeply concern RICS leadership.

Why This Matters

Improving standards in housing disrepair and expert witness work isn't just about maintaining professional integrity - it's about genuinely protecting vulnerable individuals. Our credibility as surveyors depends on maintaining high standards and ensuring prompt, effective action when standards fall short.

I look forward to RICS’s timely and decisive response and commitment to meaningful reform.

We can - and must - do better. We should not be part of a problem which is preventable.

Enjoy this article? You might also like to read Why Your Complaint Handling Procedure Build Trust.

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