Disrepair Arbitration Pilot

Lambeth Council along with other local authorities is receiving a significant increase in the volume of claims for disrepair. At the end of 2021 there were nearly 1,000 live disrepair cases, six times higher than in 2017. The main issues raised in disrepair claims relate to mould and damp (45%) with roof disrepair and leaks a secondary issue (20% of the 45%).

To combat the growing influx of disrepair cases and resolving them in a more equitable and resident-focused manner, a broad review of the housing disrepair process was undertaken by a Disrepair Project Group. The Disrepair Project Group identified 16 actions that it considers will collectively reverse the influx of cases and resolve them quicker and more fairly. A priority amongst the 16 actions is the creation of a pilot arbitration process. Most local authorities do not offer arbitration as an alternative form resolution to residents concerned that their homes are in disrepair.

The pilot scheme proposed for Lambeth is relatively straightforward and involves an independent Barrister to hear and award disputes. The disrepair arbitration pilot will cover an estimated 120 cases in 2022/23. As part of this procurement barristers' chambers are being invited to tender and put forward Barristers to act as independent arbitrator on disrepair disputes. The Disrepair Project Group has coproduced some of the method statements with residents from the Lambeth's Resident Procurement Panel (RPP) (a resident-based advisory and consultative panel set up to assist the council design, procure and manage housing services). RPP members will also help evaluate some of the method statement responses that will help inform which two Barristers' chambers arbitrators to appoint.

The Council is seeking to procure two (2) independent Chambers (one each for the North and South of the borough) to allocate a suitably experienced Barrister, or panel of Barristers, to act as independent arbitrator on disrepair disputes. These appointments have been designed as a part of the Council's 12 month pilot scheme and will provide an alternative form of resolution for housing disrepair disputes.