Letter before action for housing disrepair: what it is and how it works

Before making a formal legal claim against your landlord for housing disrepair, you will usually need to send a letter before action (also called an LBA or pre-action letter). This is a formal legal letter warning the landlord that you intend to start court proceedings if they do not respond. Below, we cover what it is, what it must say, and what happens next.

What is a letter before action?

A letter before action is a formal legal letter sent to your landlord before a court claim is issued. It is required by the Pre-Action Protocol for Housing Disrepair Cases, a set of rules courts expect parties to follow before litigation begins.

The purpose of the letter is to:

• Formally notify the landlord of the disrepair and give them a final opportunity to fix it
• Identify what you are claiming and what evidence you have
• Allow the landlord to respond before court proceedings start
• Show the court (if proceedings do follow) that you gave the landlord a chance to resolve things

Courts take pre-action conduct seriously. If a landlord can show you never gave them a proper chance to respond, that can affect costs and outcomes. Likewise, if a landlord ignores a properly served LBA, that counts against them.

Is it different from a complaint letter?

Yes. A complaint letter to your landlord or housing association asks them to fix a repair. A letter before action is a legal step that says you intend to sue them. The tone and content are different, and it should be sent only after you have already reported the disrepair and the landlord has failed to act.

What a letter before action must include

Under the Pre-Action Protocol for Housing Disrepair Cases, the LBA should:

1. Identify the property, the full address and your name as tenant
2. Set out the disrepair, describe every defect clearly, with the location in the property
3. State when it was first reported, and how (in writing, by phone, through a portal), with dates
4. State what harm it has caused, health effects, damage to belongings, inability to use rooms
5. State the remedies you are seeking, the landlord carries out the repairs AND pays compensation for the period you lived with the disrepair
6. Give a response deadline, 20 working days is standard for most cases, 5 working days for urgent cases (for example, no heating in winter, active leak)
7. Attach evidence, photographs, medical evidence, correspondence logs
8. State that proceedings will follow if no satisfactory response is received

Some letters also include a schedule of disrepair, a list of every defect with its location, when it was first reported, and its current status.

What deadline should you give?

The standard under the protocol is:

• 20 working days for general cases
• 5 working days for urgent disrepair (no heating, active water ingress, structural risk)

You can extend the deadline if the landlord writes back quickly and says they are arranging access or a survey.

What happens when the landlord receives it?

They should:

• Acknowledge the letter within the deadline
• Instruct a surveyor if they dispute the extent of the disrepair
• Share their surveyor's report with you

They may use the response period to arrange emergency repairs for the worst defects. This is a positive outcome, but you can still pursue compensation for the period the disrepair went unaddressed before you sent the letter.

What if the landlord ignores it?

If the landlord does not respond within the deadline, or sends an unsatisfactory response, your solicitor or claims adviser can proceed to issue a claim in court. The landlord's failure to respond to the LBA will be noted, and the court may award costs against them for not engaging in good faith.

Do you need a solicitor to write one?

You can write a letter before action yourself, but there are risks. If it is not worded correctly, the landlord's lawyers may argue it did not comply with the protocol. If you have instructed a housing disrepair firm, they will draft and send the LBA as part of the claims process. This is one of the key early steps they handle.

Can the landlord do emergency repairs and still be liable for compensation?

Yes. Even if the landlord starts fixing things after receiving the LBA, you can still claim compensation for the period of disrepair before the letter was sent, and for the period between first reporting and the landlord actually fixing things. The clock does not reset when you send the letter.

When should I contact Support for Tenants?

If your landlord has not fixed repairs you have already reported, we can help you move to the formal stage. 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

• What is a pre-action protocol?
• How to write a complaint letter
• What evidence do I need?
• What happens after you contact us?