Can I make a housing disrepair claim without a solicitor?

Direct answer

Yes. You are not legally required to use a solicitor, and tenants do bring claims themselves, usually through the Pre-Action Protocol and the small claims track for lower-value cases. But disrepair claims can get technical (evidence, surveys, court rules), and on a no win, no fee basis a solicitor costs you nothing up front, so most people are better off with representation for anything substantial.

You are not legally required to use a solicitor to make a housing disrepair claim. Tenants can and do bring claims themselves. However, disrepair cases can be complex, and there are real advantages to having legal representation. 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 for failing to carry out repairs they were legally required to do. A successful claim can result in:

• A court order requiring the landlord to carry out the repairs
• Compensation for the period you lived in a disrepaired property
• Compensation for damaged belongings
• Recovery of legal costs

Claims are usually brought in the county court, 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 allows individuals to represent themselves, this is called being a "litigant in person." If the amount you are claiming is under £10,000, the claim may qualify for the small claims track, where the process is simpler and you are less likely to face a large 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 notified your landlord and gave them a reasonable time to act
• Calculate your claim (a proportion of rent for the period of disrepair, plus any special damages)
• Complete a court claim form (N1 or Money Claim Online for smaller claims)
• Attend a court hearing

What are the risks of going without a solicitor?

You may undervalue your claim, solicitors with experience in disrepair claims know how courts assess compensation and can make sure all heads of loss are included.

Procedure is demanding, county court procedure involves strict deadlines, complex rules about disclosure and evidence, and formal correspondence. Mistakes can disadvantage your case.

The landlord may have legal representation, if your landlord has a solicitor, you may find yourself at a disadvantage in hearings and negotiations.

Pre-action protocol, disrepair claims should follow the Housing Disrepair Pre-Action Protocol, which sets out steps that must be taken before issuing proceedings. Missing these steps can affect your costs recovery.

What about no-win, no-fee solicitors?

Many housing disrepair solicitors work on a conditional fee arrangement (no win, no fee). This means you only pay if you win. If you win, the solicitor's fees are typically recovered from the landlord.

This makes legal representation accessible without upfront cost in most cases. The main thing to check before signing up is the terms of any success fee or after-the-event insurance premium that might be deducted from your compensation.

Is there free legal advice available?

Yes. Several sources of free advice are available:

• Citizens Advice, can advise on your rights and the disrepair process
• Law centres, some provide free housing legal advice and representation
• Legal aid, housing disrepair claims do not usually qualify for legal aid, but related possession proceedings sometimes do

If you are unsure whether a no-win, no-fee arrangement is right for you, speaking to Citizens Advice or a law centre first can help you understand your options.

What is the pre-action protocol?

Before starting court proceedings, you are expected to follow the Housing Disrepair Pre-Action Protocol. This involves:

1. Sending a detailed letter of claim to the landlord, setting out the disrepair, the impact, and the compensation you are seeking
2. Allowing the landlord time to respond and to arrange expert inspection if needed
3. Both parties sharing information and evidence before court

This process often results in settlement without the need for court proceedings, which saves time and cost for both sides.

When should I contact Support for Tenants?

We handle housing disrepair claims on a no-win, no-fee basis. We can advise on whether your situation is likely to result in a successful 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)