Overview: What happened in court?

Two housing disrepair claims brought against Curo Group (Albion) Ltd were the subject of a strike‑out application at Bristol County Court. The landlord argued that the claimants’ solicitors had breached the pre‑action protocol for housing disrepair by appointing surveyors without properly involving the defendant and failing to disclose expert fee information. The landlord’s counsel raised concerns about an “unhealthy connection” between the solicitors and the surveyors instructed.

The claims related to separate properties. One claimant, represented by Bond Turner, alleged a defective roof causing damp, mould and an insect infestation. The other, represented by Satchell Moran, pursued claims for multiple faults in their property.

What did the judge decide?

His Honour Judge Blohm KC rejected the landlord’s application to strike out both claims. While the judge found there had indeed been breaches of the pre‑action protocol — particularly the failure to provide fee information and the premature instruction of experts — he concluded that striking out the claims would be a disproportionate response. The judge found sufficient evidence to support the claimants’ cases and no overall abuse of process.

Key findings from the judgment

• The court acknowledged procedural failings by the claimants’ representatives.
• Those failings did not amount to an abuse of process or justify dismissal of the claims.
• The behaviour of the defendant (reliance on an in‑house surveyor and refusal to admit liability or give reasons for denial) was relevant to the court’s assessment.
• The overriding objective — to resolve cases fairly and justly — did not support strike‑out in these circumstances.

Why this decision matters

This ruling is important for both tenants and landlords because it shows the court will balance strict protocol compliance with the interests of justice. Breaches of the pre‑action protocol are taken seriously, but they will not automatically lead to the end of a claim where the substantive issues remain arguable and a strike‑out would be disproportionate.

Practical guidance for tenants (and their advisers)

If you are considering a housing disrepair claim, the following steps will help protect your case and reduce the risk of procedural challenges:

• Follow the pre‑action protocol: provide full details of the complaint and any remediation you seek, and exchange correspondence in good time.
• If you intend to instruct an expert, disclose that intention early and provide clear fee information.
• Where possible, try to agree joint instructions or allow the defendant a reasonable opportunity to comment before finalising an expert report.
• Keep detailed records: photographs, repair requests, correspondence with your landlord, and any health impacts from damp or mould.
• Get legal advice early — a solicitor experienced in housing disrepair can help ensure pre‑action steps are handled correctly and that evidence is preserved.

Practical guidance for landlords

• Engage promptly and constructively with pre‑action correspondence — unexplained denials or delays can undermine a defence.
• Consider instructing independent experts and be prepared to disclose fee arrangements where requested.
• Document any remedial action you propose or undertake, and communicate clearly with tenants about timescales.
• Avoid relying solely on internal reports without giving claimants a proper opportunity to instruct their own experts or respond to findings.

Costs and proportionality — what to expect

Strike‑out is an extreme remedy reserved for clear abuse or hopeless claims. Even where procedural rules are breached, courts will consider whether other sanctions (case management directions, costs orders, or orders to rectify disclosure) are more appropriate. Parties should therefore expect the court to weigh the seriousness of the breach against the impact of dismissal on the claimant’s access to justice.

How FDM Solicitors can help

If you are dealing with housing disrepair — whether you are a tenant seeking repairs and compensation or a landlord defending a claim — specialist advice at an early stage can make a significant difference. We guide clients through the pre‑action protocol, help to properly instruct and manage expert evidence, and represent clients in court where necessary.

For more information about housing disrepair claims and how we can assist, see our dedicated page on housing disrepair claims or contact us to arrange an initial discussion.

Conclusion

The recent Bristol decision confirms two important points: courts will not penalise claimants by striking out meritorious housing disrepair cases for every procedural misstep, but adherence to the pre‑action protocol remains crucial. Clear, early communication and proportionate use of experts help to protect your case and improve the chances of a speedy and fair resolution.