County court procedure in housing disrepair claims: a guide for housing professionals

Housing disrepair claims in the county court follow a structured procedural framework. This guide sets out the key procedural stages, from issue of proceedings through to trial, with specific notes on features relevant to disrepair litigation.

Pre-action obligations

Before issuing proceedings, parties are required to comply with the Pre-Action Protocol for Housing Conditions Claims (England). The protocol requires:

1. Letter of claim: the claimant's solicitor sends a detailed letter setting out the nature of the disrepair, the period of the breach, the losses claimed, and any supporting documentation (photographs, expert reports).
2. Access for inspection: the claimant should give the defendant a reasonable opportunity to inspect the property. Joint inspection with the defendant's surveyor is encouraged.
3. Defendant's response: the defendant must respond within 20 working days of receipt of the letter of claim, setting out their position on the defects and proposed works.
4. Expert evidence: parties should attempt to agree on a single joint expert surveyor where possible, or exchange expert evidence at an early stage.

Failure to comply with the Protocol does not prevent a claim but may result in costs sanctions.

Issuing proceedings

Proceedings are issued in the county court using a claim form (N1) and particulars of claim. For claims up to £100,000 in damages, the case will normally be allocated to the fast track or intermediate track. Larger claims may be multi-track.

For disrepair claims involving injunctions (orders for urgent repair), an application for an interim injunction can be made on issue or shortly before.

Tracks and case management

The court allocates the case to a track based on the value and complexity:

Small claims track: cases with a damages value up to £10,000 and no significant complexity. However, claims involving injunctions or complex issues are unlikely to be allocated here. Note that a claimant who has complied with the Protocol can apply to have a small claim allocated to the fast track if appropriate.

Fast track: cases with damages up to £25,000 and expected trial length of one day. Most straightforward residential disrepair cases fall here.

Intermediate track: cases with damages £25,000–£100,000, or fast track cases expected to exceed one day's trial. New track introduced from October 2023 under CPR reforms.

Multi-track: cases over £100,000 in value or of significant complexity. Full case management conference, disclosure, and separate exchange of witness statements and expert reports.

At the case management stage, the court will typically give directions for:

• Service of statements of case if not already done
• Exchange or filing of a Scott Schedule
• Expert evidence (single joint expert or permission for each party's expert)
• Disclosure
• Exchange of witness statements
• Trial date or window

Expert evidence in disrepair claims

Under CPR Part 35, the court controls expert evidence. Directions commonly made:

Single joint expert (SJE): the court may direct appointment of a single building surveyor instructed jointly by both parties. The SJE's report is provided to both parties, who can ask questions under CPR 35.6. The SJE cannot be cross-examined at trial without permission.

Party experts: where the issues are complex or the parties' positions significantly diverge, each party may be permitted to instruct their own expert. Experts must comply with CPR Part 35 and the associated Practice Direction, and their overriding duty is to the court, not to the party instructing them. Experts instructed by each party should meet and produce a joint statement identifying agreed issues and outstanding areas of disagreement.

The Scott Schedule

In contested disrepair claims, the court often directs exchange of a Scott Schedule, a tabular document setting out each defect, the claimant's case on it, and the defendant's position. The Scott Schedule narrows the issues for trial and often facilitates settlement.

Disclosure

Under CPR Part 31, parties disclose documents they rely on and documents that adversely affect their own case or support the other party's case. In disrepair cases, key disclosable documents include:

• Correspondence between the parties about repairs
• Repair records and inspection records held by the landlord
• Invoices and contractor quotes
• Medical records (with appropriate authorisation)
• Environmental health inspection records

Trial

Disrepair trials are heard by a district judge (fast track) or circuit judge (multi-track). Oral evidence is given by the parties' witnesses and, where party experts have been instructed, they may be cross-examined. The judge determines:

• Which defects fall within the landlord's repairing obligation
• The period of breach
• Causation of loss
• Quantum of damages
• Whether an injunction for repairs is warranted

Costs

In disrepair cases, costs usually follow the event (the winner recovers costs from the loser). On the fast track, costs are assessed summarily at the end of the hearing. On multi-track, costs may be subject to detailed assessment.

Claimants under conditional fee agreements (CFAs) should be aware of the costs regime following the Legal Aid, Sentencing and Punishment of Offenders Act 2012 reforms, success fees and ATE premiums are generally not recoverable from the defendant. Ensure client care letters and funding arrangements are CPR-compliant.

When should you refer to Support for Tenants?

We work with housing solicitors on disrepair claims. For claimant-side referrals, call us on 0800 030 4669.

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 schedule of works, how it works
• Disrepair quantum, how damages are assessed