How long does a housing disrepair claim usually take?

The entire process typically takes between six and 18 months, though many cases are resolved during the pre-action protocol stage. The timeline depends on whether the landlord responds to your initial notice, how long it takes to agree on a joint expert, and whether the matter proceeds to County Court trial.

What should I do first if my landlord is not repairing my home?

You must send a clear written notice to your landlord detailing every defect, including photographs and dated descriptions. Keep proof of receipt. This notice triggers the landlord’s repair duty, except for matters they already knew about, such as common parts. For specific hazards under Awaab’s Law, statutory timescales apply for inspection and repair.

What happens if the landlord denies responsibility for the disrepair?

If liability is denied, the parties usually agree on a single joint expert, typically a Chartered Surveyor, to inspect the property. The expert reports on the condition, cause, and necessary remedial works. Expert fees generally range from £400 to £1,200 and are either shared or paid by the losing side.

What can I expect at trial if my claim goes to court?

At trial, a District Judge or Circuit Judge usually hears the case. If successful, you may receive a damages award, typically between £1,000 and £10,000 for ordinary disrepair, plus the cost of repairs. The court may also issue a mandatory injunction to force the landlord to complete the works and make a costs order.

All Legal Journeys

Housing Law

England & Wales

7 stages

6–18 months (often resolved in protocol stage)

Reviewed 2026-05-21

Housing Disrepair Claim Journey

From identifying disrepair through pre-action protocol, expert evidence, and either negotiation or County Court proceedings.

This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.

Who Uses This Journey

Tenants of social landlords (council/housing association) and private landlords whose landlord has failed to repair the property after notice, in breach of s.11 Landlord and Tenant Act 1985 (and now under Awaab's Law for prescribed hazards).

Stage-by-Stage Timeline

Notify the landlord in writing

Send a clear written notice with photographs and dated descriptions of every defect. Keep proof of receipt. The landlord's repair duty starts on notice (except for matters within their knowledge such as common parts).

Evidence Needed

Photographs with timestamps
Repair request log
Medical evidence of any health impact

Allow reasonable time

Give the landlord a reasonable opportunity to inspect and repair. For Awaab's Law hazards (damp/mould initially), statutory timescales apply.

Pre-action protocol letter

Send a formal Letter of Claim under the Pre-Action Protocol for Housing Conditions Claims. Set out: tenancy details, defects, notice given, breach of statute/contract, loss suffered, and disclosure requested.

Deadline: Landlord has 20 working days to respond

Joint expert

If liability denied, parties usually agree a single joint expert (Chartered Surveyor) to inspect and report on the condition, cause, and remedial works needed.

Fee: Expert fees typically £400–£1,200; shared or paid by losing side

Related Templates

housing-disrepair-notice

Negotiation / Part 36 offer

Many cases settle after expert evidence. Consider Part 36 offers — these create costs consequences if rejected and beaten.

Issue claim (if not settled)

File N1 claim form with particulars at County Court. Damages claim (for distress and inconvenience) is usually combined with an injunction (mandatory order to do the works).

Fee: 5% of value (capped £10,000) plus hearing fee

Forms at This Stage

N1 PARTICULARS OF CLAIM

Trial and judgment

If not settled, trial usually before a District Judge or Circuit Judge. Quantum awards typically £1,000–£10,000 for ordinary disrepair plus the cost of repairs.

Possible Outcomes

Damages award
Mandatory injunction for repairs
Costs order

Official Sources

Pre-Action Protocol for Housing Conditions Claims s.11 Landlord and Tenant Act 1985 Awaab's Law guidance

Frequently asked questions

How long does a housing disrepair claim usually take?: The entire process typically takes between six and 18 months, though many cases are resolved during the pre-action protocol stage. The timeline depends on whether the landlord responds to your initial notice, how long it takes to agree on a joint expert, and whether the matter proceeds to County Court trial.
What should I do first if my landlord is not repairing my home?: You must send a clear written notice to your landlord detailing every defect, including photographs and dated descriptions. Keep proof of receipt. This notice triggers the landlord’s repair duty, except for matters they already knew about, such as common parts. For specific hazards under Awaab’s Law, statutory timescales apply for inspection and repair.
What happens if the landlord denies responsibility for the disrepair?: If liability is denied, the parties usually agree on a single joint expert, typically a Chartered Surveyor, to inspect the property. The expert reports on the condition, cause, and necessary remedial works. Expert fees generally range from £400 to £1,200 and are either shared or paid by the losing side.
What can I expect at trial if my claim goes to court?: At trial, a District Judge or Circuit Judge usually hears the case. If successful, you may receive a damages award, typically between £1,000 and £10,000 for ordinary disrepair, plus the cost of repairs. The court may also issue a mandatory injunction to force the landlord to complete the works and make a costs order.