When you’re living in poor housing conditions and your landlord fails to act, making a disrepair claim can feel overwhelming. Fortunately, the law provides a clear set of steps — known as the Pre-Action Protocol for Housing Disrepair Claims — that tenants and landlords must follow before a case reaches court. This process encourages early resolution, ensures fairness, and gives landlords a final opportunity to carry out repairs.
In this guide, Housing Disrepair Team explains the full Housing Disrepair Protocol in plain language, so you understand your rights and responsibilities at every stage.
What Is the Pre-Action Protocol?
The Pre-Action Protocol for Housing Disrepair Cases is a legal framework issued by the Civil Procedure Rules in England and Wales. It sets out how tenants should notify landlords of disrepair and how landlords must respond. Following the protocol is essential. If a tenant or landlord fails to comply, it can affect the outcome of the case, including costs awarded by the court.
At Housing Disrepair Team, we handle all aspects of this process for our clients, ensuring compliance and maximising the chance of a successful claim — whether through settlement or court proceedings.
When Does the Protocol Apply?
The protocol applies to tenants living in rented accommodation — whether private, council, or housing association — who wish to claim:
- Repairs to defects the landlord is responsible for under tenancy law
- Compensation for the inconvenience, health problems, or property damage caused by disrepair
It does not apply to emergency repairs (like broken boilers in winter) that require urgent intervention, though those may still form part of a larger claim.
Step-by-Step Breakdown of the Protocol
Let’s walk through the key steps involved in the housing disrepair claim process under the protocol:
Step 1: Notify the Landlord
Before taking legal action, the tenant must notify the landlord of the disrepair in writing. This could be by email, letter, or online portal if the landlord has one.
The notice should include:
- A description of the problems (e.g. damp, mould, leaks)
- How long they’ve existed
- Evidence (e.g. photos, videos, medical issues)
Housing Disrepair Team helps tenants prepare this notice professionally to ensure it satisfies the protocol requirements.
Step 2: Wait a Reasonable Time
Once notified, the landlord must be given a reasonable time to respond and carry out the repairs — typically between 14 and 28 days depending on the severity.
If they fail to take action or deny responsibility, you can proceed to the next stage.
Step 3: Send the Letter of Claim
The next formal step is a Letter of Claim. This is a detailed legal document that outlines:
- The nature of the disrepair
- The legal duties breached
- The impact on the tenant’s health and wellbeing
- A request for repairs and compensation
- A deadline for the landlord’s response (usually 20 working days)
This is a critical stage where Housing Disrepair Team steps in. Our solicitors will draft a professional Letter of Claim that compels the landlord to take the matter seriously.
Step 4: The Landlord’s Response
The landlord (or their legal representative) must respond within 20 working days of receiving the Letter of Claim. Their reply should include:
- Whether liability is accepted or denied
- Whether they intend to carry out repairs
- Proposals to settle the claim or begin further investigation
- Requests for access to the property for inspection
If the landlord fails to respond or rejects the claim unfairly, legal proceedings can begin.
Step 5: Expert Inspection (Optional)
Sometimes, an expert report is needed to assess the condition of the property. A jointly instructed surveyor or environmental health officer may visit the home to inspect and produce an independent report.
This helps strengthen the case and provides a neutral opinion on:
- The cause of the disrepair
- Whether the landlord is responsible
- Urgency and extent of the work required
Housing Disrepair Team can arrange this on your behalf — and often at no cost to you.
Step 6: Settlement Negotiations
The protocol encourages both parties to try to settle the case without going to court. This may include:
- Agreement for repairs to be completed within a set time
- Payment of compensation for inconvenience and losses
- A rent reduction or refund for the affected period
With our legal team at Housing Disrepair Team, we negotiate assertively to get tenants the best outcome possible. Most cases settle at this stage, avoiding lengthy court battles.
Step 7: Starting Court Proceedings
If no agreement is reached, or if the landlord still fails to act, tenants have the right to issue court proceedings. The court can:
- Order the landlord to carry out repairs (an injunction)
- Award compensation
- Require the landlord to pay the tenant’s legal costs
Because Housing Disrepair Team works on a No Win, No Fee basis, you only pay if your case is successful — giving you peace of mind while we fight on your behalf.
Why Following the Protocol Matters
Courts expect both tenants and landlords to follow the Housing Disrepair Protocol. If either party fails to comply, the judge can:
- Reduce the amount of compensation awarded
- Order the party to pay additional legal costs
- Dismiss the claim or defence
That’s why working with a professional team like Housing Disrepair Team is vital. We ensure every box is ticked — legally and procedurally — so your claim is as strong as possible.
Don’t Wait — Start the Process Today
If your home is suffering from leaks, damp, mould, broken heating, pest infestations, or any other disrepair — and your landlord isn’t helping — now is the time to act. You don’t have to struggle on your own.
At Housing Disrepair Team, we offer:
- Free initial assessments
- No Win, No Fee representation
- Full legal compliance with the Housing Disrepair Protocol
- Nationwide support for council, housing association, and private tenants