Interim payments in housing disrepair claims

In some disrepair cases, a tenant can ask the court for an interim payment: money the landlord pays before the case ends. Here is what one is, when you can get one, and how the process works.

What is an interim payment?

An interim payment is money the landlord pays the tenant while the court case still runs. It arrives before final judgment or settlement. It counts as an advance on the damages the court will order should the tenant win.

The Civil Procedure Rules, Part 25, govern them. They exist only once court proceedings have begun. Before a claim formally starts, no interim payment exists.

When can an interim payment be ordered?

The court can order one in a disrepair claim once satisfied that:

1. The landlord has admitted liability, or
2. The tenant would win a substantial sum at trial, or
3. The landlord was found liable in another related claim

The court must also be satisfied the payment would not top what the landlord will finally owe.

Interim payments never come automatically. The tenant must apply, and show a case strong enough to justify money now.

Why would a tenant need an interim payment?

A disrepair claim can run many months, sometimes over a year. In that time:

• Real money may already be gone: higher energy bills fighting the cold, or replacements for things the damp ruined
• A stay elsewhere during repairs may have cost money
• Serious hardship may be running day to day

An interim payment covers those costs without waiting for the case to end.

How do I apply for an interim payment?

You apply to the court with an application notice, backed by evidence showing:

• The claim's strength, and why the landlord is liable
• The loss already suffered, and how much
• Why the money is needed before the case ends

The landlord can respond. The court then decides whether to grant the payment, and how much.

This step usually needs a solicitor. Most tenants seeking one will have legal help.

Can a landlord be made to do repairs immediately?

An interim payment is about money. An urgent order forcing the repairs is a different remedy: an injunction. Sometimes both get sought together. That means an order for the works, plus an advance on compensation already owed.

What happens to the interim payment at the end of the case?

It counts against the final damages. Recover more, and the landlord pays the difference. Recover less, which happens when a case partly wins, and some may need paying back.

When should I contact Support for Tenants?

We help tenants with housing disrepair claims. Want to understand the remedies open to you, interim payments and injunctions included? We can talk you through the options.

Call us on 0800 030 4669. 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.

Sources

• Pre-Action Protocol for Housing Conditions Claims, England (justice.gov.uk)
• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)

Related articles

• Disrepair claim settlement, what to expect