Housing Disrepair Claim Journey
From identifying disrepair through pre-action protocol, expert evidence, and either negotiation or County Court proceedings.
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).
- 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.
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.
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).
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.
- Damages award
- Mandatory injunction for repairs
- Costs order