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Renters’ Rights Act 2026: the HDR costs playbook

Renters’ Rights Act 2026: the HDR costs playbook

Answer in two lines (snippet-bait):

The Renters’ Rights Act raises landlord standards and hardens the push toward ADR. For housing disrepair costs, that means earlier concessions, faster timelines—and bills that clearly separate damages from costs with payment on account.

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What’s changed (costs-relevant in one minute)

• Higher baseline for habitability in the PRS. Clearer duties make liability cleaner; settlements tend to come earlier.

• ADR/ombudsman pressure. Courts are likelier to stay for ADR where reasonable. Refusing ADR risks adverse costs.

• PAP enforcement mood. Protocol-perfect files protect entitlement and shrink proportionality haircuts.

• HDR still outside FRC. Standard-basis hourly recovery continues; use it—efficiently.

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Your HDR intake & PAP checklist (copy/paste)

Use this at triage and pre-action. It preserves entitlement and speeds recovery.

• Issue log: dates/times of tenant reports; landlord acknowledgments; photos/video.

• Health angle: damp/mould/condensation—capture GP/respiratory notes where relevant (short necessity note only).

• Access chronology: inspection offers, attempted visits, “no access” disputes.

• Works trail: orders, quotes, temporary measures, decants.

• ADR invite: propose mediation/ombudsman in the LOC; keep the moral high ground.

• Disclosure asks: repairs history, complaints data, contractor notes, HHSRS assessments.

Awaab-style timelines block: simple table of report → inspect → remediate (you’ll use this later in Replies).

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Settlement & order wording that protects your costs

Keep damages and costs separate, always.

Consent wording (drop-in):

“Damages: agreed as per schedule/assessment (plus CRU if applicable).

Costs: to be paid on the standard basis, to be assessed if not agreed, with a payment on account pursuant to CPR 44.2(8) within 14 days.”

Why it matters: stops “global” numbers swallowing your time, preserves the route to detailed assessment, and gets cash in via PoA.

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The 21-day play: Default Costs Certificate (DCC)

• Serve N252 with your Bill/e-Bill.

• Diary day 22: if no PoDs, move for a DCC under CPR 47.9/47.11.

• In set-aside skirmishes, keep your service proof, reasonableness notes and a short prejudice statement ready.

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Replies that land (to the reductions you’ll see)

Use short, factual lines. Concede pure admin quickly; defend strategy.

• “Admin/duplication.”

Administrative mechanics (scanning/pagination) conceded where appropriate. Strategic work retained and evidenced by pleadings/orders/outcome.

• “Surveyor/expert not reasonably incurred.”

Damp/mould/condensation causation required expert input. Report relied on by both sides; necessity and proportionality satisfied.

• “Time excessive on bundles.”

Volume arose from landlord disclosure gaps and rolling repairs. Index shows page count and sequencing needed for hearing/settlement.

• “Global proportionality haircut.”

Costs are proportionate to value, risk and health impact. Administrative items ring-fenced; strategy time tied to breach and outcome.

• “ADR refused.”

ADR/ombudsman was invited in the LOC and again on [dd/mm]. No refusal. Landlord did not engage/engaged late—any ADR point cannot prejudice the claimant on costs.

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Billing: what to show in your PD 47-compliant Bill

• Phase clarity with brief necessity narratives (no padding).

• Voucher hygiene—invoices, photos, repair orders, expert fees with one-line purpose.

• Awaab timeline exhibit showing breach of investigation/repair expectations (where applicable).

• Offer ladder—your ADR invites and any Calderbank/Part 36 exchanges.

• Payment on account figure and basis set out in covering letter.

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ADR posture that protects your costs (and wins faster)

• Invite ADR early (LOC and pre-issue).

• Record reasonableness: “We propose mediation/ombudsman within 28 days; please confirm availability.”

• In negotiations, price for throughput: if liability is conceded and a sensible schedule is offered, settle damages, then press costs or move to DA.

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Proportionality notes (keep them short and specific)

• Significance: health/safety and prolonged habitability—not just rent abatement.

• Complexity: damp/mould causation, repeated attendance, vulnerable residents.

• Conduct: missed inspections/repairs; late evidence; refusal to engage ADR.

• Outcome: scope of remedial works, abatements, undertakings—all justify the route taken.

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Team discipline that boosts recovery

• 5-day draft SLA: Bill out fast, PoDs clock starts sooner.

• Day-22 DCC: never miss it.

• Offer diary: track ADR/settlement beats, so you can rebut conduct points in costs.

• Rates at current GHR: update retainer wording annually to avoid indemnity issues.

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FAQs (quick answers fee-earners ask)

Does the Act fix legal costs?

No. It affects conduct and settlement timing. HDR remains outside FRC, so recovery stays hourly on the standard basis (or indemnity where engaged).

Will ADR reduce my recoverable hours?

Likely fewer contested steps, yes—but faster cash conversion. Protect margin via efficiency (SLA, templates, DCC) and volume.

What should I put in every Bill right now?

A timeline exhibit (report → inspect → remediate), brief necessity narratives, full vouchers, and split settlement wording with PoA.

When do I push for DCC?

Day 22 after N252 if PoDs are late. Be set-aside ready (service proof, prejudice note).

What do I concede vs defend?

Concede pure admin quickly; defend strategy-linked time tied to health risk, breach and outcome.

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Free trial to settlement

Send one live HDR file. We’ll draft the Bill/e-Bill and negotiate it to settlement at no cost so you can see how we work. No contract, no minimums.

Email: info@dmdcosts.co.uk

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