Damp and disrepair compensation in the small claims court, the DIY route

Direct answer

You do not have to use a solicitor to claim damp or disrepair compensation. For straightforward cases worth under £10,000, the small claims court in England and Wales is designed for people without a lawyer. You start the claim at gov.uk/make-money-claim, pay a court fee that scales with the amount, and the case is usually heard in a one-day hearing. Below we explain how, and where this route works and does not.

Key facts

• The 2024 to 2025 English Housing Survey found about 5% of homes in England, around 1.4 million, had a problem with damp, most common in privately rented homes (10%). English Housing Survey 2024-25, GOV.UK
• The same survey found about 9% of homes in England, around 2.3 million, had a category 1 (most serious) hazard under the HHSRS. In the private rented sector the figure was 10%. English Housing Survey 2024-25, GOV.UK

When the small claims court fits

It can work for you if:

• Your claim is under £10,000 (the small claims limit in England and Wales).
• The disrepair is documented: photos, dates, written reports to the landlord.
• The case is factually simple: one or two specific issues, not a long pattern of multiple hazards.
• You are comfortable representing yourself or have a friend/family member who can help.
• You have time to manage paperwork over 3 to 9 months.

When it does not

A solicitor-led claim is usually better when:

• The likely award is over £10,000.
• There are multiple hazards stacked together (damp + mould + heating + leaks).
• A pattern of health damage needs medical evidence.
• The landlord is fighting back hard or has lawyers.
• You have personal injury to claim alongside (different process).
• You need an injunction forcing the landlord to fix the work.

The big advantage of a no-win-no-fee disrepair claim is that you do not pay if you lose, and you do not need to be a lawyer. The small claims court does not work that way. You pay the court fee up front (recoverable if you win).

Step by step

1. Pre-action protocol. Write to the landlord setting out the disrepair, the impact, what you want fixed and what compensation you are claiming. Give them at least 14 days to respond. Keep a copy. See what is a pre-action protocol.
2. Gather evidence. Photos with dates, videos, your written reports, the landlord's replies (or lack of), receipts for things you have replaced, doctor's notes if anyone has been ill.
3. Estimate the claim. A common method is "diminution in value," a percentage off the rent for the period the home was unfit. Plus damaged belongings, plus general inconvenience.
4. File the claim at gov.uk/make-money-claim (Money Claim Online). The fee depends on the amount:

• Up to £300: £35
• £300 to £500: £50
• £500 to £1,000: £70
• £1,000 to £1,500: £80
• £1,500 to £3,000: £115
• £3,000 to £5,000: £205
• £5,000 to £10,000: 5% of the claim

These fees can be waived or reduced if you are on a low income (apply for Help with Fees via form EX160).

5. Service. The court sends the claim to the landlord.
6. Defence. The landlord has 14 days (or 28 if they file an acknowledgement) to respond.
7. Allocation. The court allocates the case to the small claims track.
8. Directions hearing or written directions. The court orders what both sides have to file before the hearing.
9. Hearing. A judge listens to both sides. Hearings are usually short (30 minutes to a day).
10. Decision. The judge decides on the day or shortly after.

Watch the time limit

For disrepair claims you usually have 6 years from the date of the breach (3 years for personal injury). Sooner is better, evidence fades.

Costs if you lose

In the small claims track, even if you lose you usually only pay your own costs and the court fee. The landlord's solicitor fees are not usually recoverable from you. That is one of the main reasons the track exists.

Where to get free help with the paperwork

• Citizens Advice 0808 223 1133, often runs court desks.
• Personal Support Unit (PSU) at many county courts, free help on the day.
• Free Representation Unit (FRU) for some cases.
• Civil Legal Advice 0345 345 4 345 if you might qualify for legal aid.

When we are the better route

We help in cases where the value is above the small claims limit, where multiple hazards stack, where the landlord has lawyers, or where you would rather not run the paperwork yourself. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Call us free on 0800 030 4669.

Free call: 0800 030 4669 | Start your claim

Sources

• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Limitation Act 1980 (legislation.gov.uk)