Tribunals appear increasingly willing to award compensation for minor issues at percentages that bear no relation to tenants’ inconvenience, according to Portsmouth & District Private Landlords Association (PDPLA).

It believes there's a rising trend in disrepair claims and compensation awards as tenant advocacy groups become more active, with the result that landlords - even good ones – can be caught out.

One member recently found himself on the receiving end of a disrepair counterclaim following a rent arrears case, which PDPLA chairman Alwin Oliver (pictured) says are now routinely bolted on, often as a tactical manoeuvre.

“The tenants alleged that the cooker had a defect,” he explains. “Not a dangerous defect or one that rendered the property uninhabitable - and one that had never been reported during the tenancy. However, the judge accepted the allegation, applied 5% of the rent for the entire tenancy, and awarded damages equivalent to six brand‑new cookers.”

Hook

He believes the appliance was merely a hook on which the judge hung a broader narrative about disadvantaged tenants, a culpable landlord, loss of amenity, quiet enjoyment and structural deterioration - even when none existed.

The group cites other examples, of a Southsea landlord who was hit with a 30% rent repayment order for mould caused entirely by tenant lifestyle - but the tribunal accepted the tenant’s claim that the windows were too small to ventilate properly. Meanwhile, a landlord in Milton was ordered to pay compensation for a leak that had been repaired before the tenant moved in, because the tenant claimed “ongoing anxiety” about it.

Cases

No‑win‑no‑fee firms are pushing cases that would never have been brought 10 years ago, says Alwin, with judges accepting claims even when properties are fully licensed. “The law is no longer about bricks and mortar — it is about narrative, perception, and judicial discretion,” he adds.

“I can only see this as grossly disproportionate and manifestly unfair. This tenant has profited but it is the sort of case that deters good landlords to a far greater extent than it punishes bad ones. The impact on the market is not great in the medium and longer term.”

If landlords feel the complaint is unjust, Alwin advises them to build a repair chronology, challenge the notice of complaint given, as well as causation and duration, use expert evidence, and to consider settlement early. “If the judge appears sympathetic to the tenant, settlement may be cheaper while for claims over £1,000, instruct a barrister,” he adds.

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