Can I make a housing disrepair claim without a solicitor?

In short

Yes. The law does not make you use a solicitor. Some tenants do bring claims on their own. They usually use the Pre-Action Protocol. For smaller claims, they use the small claims track. But disrepair claims can get tricky. You need evidence, surveys, and you must follow court rules. On a no win, no fee basis, a solicitor costs you nothing up front. So for anything big, most people do better with help.

The law does not make you use a solicitor for a housing disrepair claim. Tenants can bring claims on their own, and some do. But these cases can be hard work. There are real upsides to having legal help. Here are your options and what to expect from each.

What does a housing disrepair claim involve?

A housing disrepair claim is a civil claim against your landlord. You bring it because they did not do repairs the law said they had to do. If you win, a claim can give you:

• A court order that tells the landlord to do the repairs
• Money for the time you lived in a home in disrepair
• Money for belongings that were damaged
• Your legal costs back

Claims are usually brought in the county court. They are brought under Section 11 of the Landlord and Tenant Act 1985 or the Homes (Fitness for Human Habitation) Act 2018.

Can I bring a disrepair claim myself?

Yes. The county court lets people speak for themselves. This is called being a "litigant in person." If you are claiming under £10,000, your claim may go on the small claims track. There, the steps are simpler. You are also less likely to face a big costs order if you lose.

To bring a claim yourself, you would need to:

• Gather evidence of the disrepair (photographs, repair reports, medical letters if relevant)
• Show you told your landlord and gave them a fair amount of time to act
• Work out your claim (a share of the rent for the time of disrepair, plus any special damages)
• Fill in a court claim form (N1 or Money Claim Online for smaller claims)
• Go to a court hearing

What are the risks of going without a solicitor?

You may claim too little. Solicitors who know disrepair claims understand how courts work out money. They can make sure every type of loss is counted.

The steps are demanding. County court steps have strict deadlines. There are tricky rules about sharing evidence, and letters must be formal. Mistakes can hurt your case.

The landlord may have a solicitor. If your landlord has a solicitor, you may be at a disadvantage in hearings and talks.

Pre-action protocol. Disrepair claims should follow the Housing Disrepair Pre-Action Protocol. It sets out steps you must take before you start court action. If you skip these steps, it can affect how much of your costs you get back.

What about no-win, no-fee solicitors?

Many housing disrepair solicitors work on a conditional fee arrangement (no win, no fee). 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. The solicitor should explain the agreement before you sign it.

This means you can get legal help without paying up front in most cases. Before you sign up, check one thing. Find out if any success fee or after-the-event insurance premium will be taken from your money.

Is there free legal advice available?

Yes. There are a few places to get free advice:

• Citizens Advice, can tell you about your rights and how disrepair claims work
• Law centres, some give free housing legal advice and help
• Legal aid, housing disrepair claims do not usually qualify for legal aid, but related possession proceedings sometimes do

If you are not sure whether no-win, no-fee is right for you, talk to Citizens Advice or a law centre first. They can help you understand your options.

What is the pre-action protocol?

Before you start court action, you are expected to follow the Housing Disrepair Pre-Action Protocol. This means you:

1. Send a clear letter of claim to the landlord. Set out the disrepair, the harm it caused, and the money you want
2. Give the landlord time to reply and to set up an independent inspection if needed
3. Both sides share information and evidence before court

This often ends in a settlement, with no need for court. That saves time and money for both sides.

When should I contact Support for Tenants?

We help tenants with housing disrepair claims on a no-win, no-fee basis. We can tell you whether your situation is likely to lead to a winning claim.

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)