Pre-Action Letter for Housing Disrepair
Pre-action protocol letter to a landlord notifying them of housing disrepair and requiring repair within a specified period, before bringing a claim for damages and/or an injunction.
When to use this template
Use this letter when your landlord has failed to carry out repairs after being notified, and the property contains disrepair that is their responsibility. The Pre-Action Protocol for Housing Condition Claims requires this letter before issuing court proceedings for damages and/or injunctive relief for disrepair. The landlord must be given reasonable notice and an opportunity to inspect and repair before proceedings are issued.
When NOT to use this template
Do not use this template for disrepair at a property you own. If you are facing an imminent risk to health or safety (e.g. a gas leak), report to the relevant emergency service, the local authority's environmental health department, and the Gas Safe Register immediately — do not wait for the letter process. If the disrepair amounts to a statutory nuisance, an environmental health complaint may be faster.
Legal Basis
Landlord and Tenant Act 1985, s.11 (landlord's repairing obligations for dwellings let for less than 7 years); Defective Premises Act 1972, s.4; Homes (Fitness for Human Habitation) Act 2018 (implied covenant in all new and renewed tenancies from 20 March 2019); Pre-Action Protocol for Housing Condition Claims (Civil Procedure Rules).
Common Mistakes to Avoid
- ✗Not having reported the disrepair to the landlord previously in writing — the landlord's obligation to repair only arises once they have notice of the defect
- ✗Not giving sufficient time for inspection and repair (the Protocol requires a reasonable period — 20 working days for initial inspection and a further reasonable period for repair)
- ✗Not obtaining independent expert evidence of the disrepair — a surveyor's report or medical evidence strengthens any claim
- ✗Withholding rent because of disrepair — this is rarely a lawful remedy and exposes you to possession proceedings
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Letter preview
[YOUR FULL NAME (TENANT)] [YOUR CURRENT ADDRESS] [YOUR EMAIL ADDRESS] [DATE OF LETTER] [LANDLORD'S FULL NAME OR COMPANY NAME] [LANDLORD'S ADDRESS] Property: [ADDRESS OF THE RENTED PROPERTY] Tenancy reference: [TENANCY REFERENCE (IF ANY)] --- Dear [LANDLORD'S FULL NAME OR COMPANY NAME], **PRE-ACTION PROTOCOL LETTER — HOUSING DISREPAIR** **Pre-Action Protocol for Housing Condition Claims** I write in accordance with the Pre-Action Protocol for Housing Condition Claims to give you formal notice of disrepair at the above property and to require inspection and repair within the periods specified below. **The Disrepair** The following items of disrepair exist at the property: [FULL DESCRIPTION OF ALL ITEMS OF DISREPAIR] **Your Notice of the Disrepair** I first notified you of this disrepair on [DATE YOU FIRST REPORTED THE DISREPAIR] by [HOW YOU REPORTED IT (EMAIL, LETTER, VERBALLY)]. You have failed to carry out the necessary repairs within a reasonable time. **Your Legal Obligations** Pursuant to section 11 of the Landlord and Tenant Act 1985, you are obliged to keep the structure and exterior of the dwelling in repair and to maintain the installations for the supply of water, gas, electricity, sanitation, and space/water heating. The Homes (Fitness for Human Habitation) Act 2018 further requires the property to be fit for human habitation throughout the tenancy. **Impact on Me** [HOW THE DISREPAIR HAS AFFECTED YOU] **Required Action** In accordance with the Pre-Action Protocol, I require you to: 1. Acknowledge this letter within 20 working days. 2. Arrange an inspection of the property, giving at least 48 hours' written notice. 3. Provide a written schedule of works and a timetable for completion within a reasonable period. If you fail to respond within 20 working days or decline to carry out the necessary repairs, I reserve the right to issue proceedings for: (a) damages for breach of your repairing obligations; (b) an injunction requiring you to carry out the works; and/or (c) a rent reduction reflecting the diminished value of the property during the period of disrepair. Yours faithfully, [YOUR FULL NAME (TENANT)]
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.