Final Letter Before Disrepair Court Claim
A final letter to a landlord before issuing county court proceedings for housing disrepair, following a failure to comply with an earlier pre-action letter of claim.
This template was not drafted by a solicitor.
It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.
When to use this template
Use this letter after you have already sent a pre-action letter of claim for disrepair and the landlord has either failed to respond, provided an inadequate response, or failed to carry out the promised repairs within the agreed timescale. This is your final warning before issuing proceedings and must be sent to comply with the Pre-Action Protocol for Housing Disrepair Cases.
When NOT to use this template
Do not use this letter if you have not already sent the initial pre-action letter of claim — you must follow the protocol in sequence. Do not use it if the landlord has carried out all necessary repairs — your remedy in that case would be compensation only, which may not justify court proceedings.
Legal Basis
Pre-Action Protocol for Housing Disrepair Cases; Landlord and Tenant Act 1985 s.11; Homes (Fitness for Human Habitation) Act 2018; Defective Premises Act 1972 s.4; civil courts have power to award both an order for specific performance of repair obligations and damages.
Before you send
- Issuing a claim immediately after the first letter of claim without allowing the 20 working days required by the Protocol
- Not updating the schedule of defects — new defects since the first letter should be added
- Forgetting to include a schedule of special damages (items damaged by damp, alternative accommodation costs, etc.)
Common Mistakes to Avoid
- ✗Issuing a claim immediately after the first letter of claim without allowing the 20 working days required by the Protocol
- ✗Not updating the schedule of defects — new defects since the first letter should be added
- ✗Forgetting to include a schedule of special damages (items damaged by damp, alternative accommodation costs, etc.)
- ✗Not giving the landlord one final opportunity to inspect and provide a schedule of works — courts expect this
- ✗Understating the compensation sought — include all heads of loss including general damages for inconvenience
Build Your Letter
Fill in your details
Complete the fields below. Required fields are marked with *.
Optional fields
Letter preview
[YOUR FULL NAME] [YOUR ADDRESS] [YOUR EMAIL ADDRESS] [DATE OF LETTER] [LANDLORD'S NAME] [LANDLORD'S ADDRESS] --- Dear [LANDLORD'S NAME], **FINAL LETTER BEFORE ACTION — HOUSING DISREPAIR** **Pre-Action Protocol for Housing Disrepair Cases** I wrote to you on [DATE OF YOUR FIRST PRE-ACTION LETTER] setting out my formal letter of claim in accordance with the Pre-Action Protocol for Housing Disrepair Cases. You were required to respond within 20 working days and to provide a schedule of proposed works with completion dates. **Your Response / Failure to Respond** [DESCRIBE THE LANDLORD'S RESPONSE (OR LACK OF IT)] **Current State of the Property** The defects set out in my letter of claim remain outstanding as at the date of this letter. In particular: [LIST OF OUTSTANDING DEFECTS] Since my letter of claim, the following additional defects have arisen or worsened: [NEW OR WORSENED DEFECTS SINCE THE FIRST LETTER] **Continuing Harm** I and my household continue to suffer harm as a result of the disrepair, including: [CONTINUING HARM SUFFERED]. **Last Opportunity to Resolve** This is my final letter before I issue proceedings in the County Court. If you wish to avoid litigation, you must within **7 days** of this letter: 1. Provide a written undertaking to begin all necessary repairs no later than [DATE BY WHICH REPAIRS MUST START]; 2. Set out a full schedule of works with completion dates for each defect; 3. Make proposals to compensate me for the harm I have suffered. **Court Proceedings** If I do not receive a satisfactory response by [FINAL DEADLINE FOR RESPONSE (7 DAYS FROM TODAY)], I will issue proceedings in the County Court without further notice seeking: (a) An order for specific performance requiring you to carry out all necessary repairs; (b) Damages for breach of your repairing obligations under section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, including: - General damages for inconvenience, distress, and loss of amenity: to be assessed; - Special damages of £[SPECIAL DAMAGES AMOUNT (£)] (schedule enclosed); (c) My costs of these proceedings. I am also considering referring this matter to the relevant local authority for enforcement action under the Housing Act 2004. Yours faithfully, [YOUR FULL NAME] *Enc: Updated schedule of defects with photographs; schedule of special damages*
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.