Using the Housing Disrepair Pre-Action Protocol
How to use the Pre-Action Protocol for Housing Disrepair Claims before bringing a claim against your landlord in the County Court.
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The Housing Disrepair Protocol applies to claims against landlords (private, social, or local authority) for breach of repairing obligations under s.11 Landlord and Tenant Act 1985 or the Homes (Fitness for Human Habitation) Act 2018. The Protocol requires parties to exchange information before litigation, to obtain a single joint expert (SJE) report on the disrepair, and to negotiate settlement before court proceedings. Following the Protocol correctly can resolve disputes without litigation, reduce costs, and support your claim if court proceedings become necessary.
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Report the Disrepair in Writing
Before using the Protocol, you must report the disrepair to your landlord in writing and give them a reasonable time to carry out repairs. The landlord's repairing obligations under s.11 Landlord and Tenant Act 1985 are triggered once they have notice of the disrepair. Keep records: date of report, method (email, letter), and any response. A landlord cannot be in breach of their obligation if they have not been notified.
- Always report repairs by email or recorded delivery — never by phone alone
- Photograph the disrepair when you report it and when it is (or is not) repaired
- Damp, mould, structural issues, and defective heating are the most common s.11 disrepairs
- Under the Homes (Fitness for Human Habitation) Act 2018, the property must be fit for habitation throughout — this extends beyond s.11 to include e.g. overcrowding and access
Send the Protocol Letter of Claim
If the landlord fails to carry out the repairs within a reasonable time, send the Letter of Claim required by the Housing Disrepair Protocol. The letter must contain: your name, address, details of the disrepair, the history of reports you have made, the effect on you and your household, what you are claiming (repair and/or compensation), and a request for relevant information (tenancy agreement, repair records, any previous surveys). The landlord has 20 working days to acknowledge and 3 months to investigate.
- Send the letter by recorded post and keep the receipt
- Attach copies (not originals) of all previous repair correspondence
- Request that the landlord preserves all repair records — they must disclose these under the Protocol
- Citizens Advice, Shelter, or a housing solicitor can help draft the letter
Obtain a Single Joint Expert (SJE) Report
The Protocol requires the parties to try to agree on a single joint expert (SJE) — usually a surveyor or building expert — to inspect the property and produce a report on the nature and extent of the disrepair, its cause, the likely cost of repair, and the effect on habitability. If the parties cannot agree an expert, each may instruct their own. The SJE report is critical evidence for negotiations and, if necessary, for court proceedings.
- The Protocol sets out a process for agreeing the SJE — start this process promptly
- The cost of the SJE report is usually shared equally initially and resolved at the end of the case
- A detailed SJE report greatly strengthens any disrepair claim
- Housing disrepair claims are now allocated to the small claims track for amounts up to £25,000 in many cases — but this means limited costs recovery
Negotiate Settlement
Once the SJE report is available, both parties must consider it and attempt to resolve the claim. The landlord can agree to: carry out the repairs identified, pay compensation for the period of disrepair and any personal injury or damaged belongings, or both. Most housing disrepair claims settle at this stage. Keep records of all settlement discussions — they are 'without prejudice' and cannot be disclosed to a court without both parties' consent.
- Compensation for disrepair is calculated by reference to a percentage reduction in the 'rental value' of the property for the period of disrepair — typically 25–50% of rent per month
- Additional compensation may be available for personal injury caused by the disrepair (e.g. respiratory illness from damp and mould)
- For social housing tenants, the Housing Ombudsman is an alternative route for complaints about disrepair
Issue Court Proceedings (if Settlement Fails)
If the Protocol process does not resolve the dispute, issue proceedings in the County Court. Attach the SJE report to the particulars of claim. The claim will be allocated to the most appropriate track — housing disrepair claims up to £25,000 can proceed on the small claims track (very limited costs recovery) unless the court allocates them to the fast track. Obtain legal advice before issuing — the costs consequences depend heavily on track allocation.
- Most housing disrepair claims are funded by solicitors on a CFA (no win no fee) basis
- Some housing disrepair claims for the smallest amounts will be on the small claims track — legal fees will not be recoverable
- A Protocol compliant process strengthens your negotiating position and your case at trial
Consider the Housing Ombudsman (for Social Housing)
If your landlord is a social landlord (housing association or local authority), you can also complain to the Housing Ombudsman after completing the landlord's internal complaints process. The Ombudsman can direct the landlord to carry out repairs, pay compensation, and change its policies. The Ombudsman route is free and can be pursued alongside legal proceedings (though not while the same matter is live in court).
- The Housing Ombudsman strengthened its approach to damp and mould following the Awaab Ishak case (2022)
- Social landlords must investigate damp and mould complaints within fixed timescales under the Ombudsman's guidance
- For private tenants, the Local Government Ombudsman can investigate complaints about council-owned properties; private landlord complaints go to court
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You must give your landlord reasonable notice of the disrepair before any claim will succeed — emergency repairs (gas leaks, flooding) have a shorter reasonable period than minor cosmetic issues.
Housing disrepair claims are subject to a 6-year limitation period from the date of the breach — do not wait too long.
If you withhold rent in protest at disrepair, your landlord can still seek possession for arrears — rent withholding is not a legal remedy in itself and is high risk.