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

Before a formal disrepair claim, you usually send a letter before action, also called an LBA or pre-action letter. It formally warns the landlord that court proceedings follow if they do not respond. Here is what it is, what it must say, and what happens next.

What is a letter before action?

The LBA goes to your landlord before any court claim is issued. The Pre-Action Protocol for housing cases, rules courts expect both sides to follow, requires it.

The letter exists to:

• Formally notify the landlord and give a final chance to fix things
• Set out what you claim and what evidence you hold
• Let the landlord respond before court
• Show the court, if it comes to that, that you gave them the chance

Courts weigh pre-action conduct seriously. A tenant who never gave a proper chance to respond can suffer on costs. A landlord who ignored a proper LBA carries that against them.

Is it different from a complaint letter?

Yes. A complaint letter asks for a repair. An LBA is a legal step saying you intend to sue. Tone and content differ, and it comes only after you reported the disrepair and the landlord 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 add a schedule of disrepair: every defect, its location, first report date, and current state.

What deadline should you give?

The protocol standard:

• 20 working days for general cases
• 5 working days for urgent disrepair: no heating, water actively coming in, structural risk

You can stretch the deadline where the landlord writes back fast to arrange access or a survey.

What happens when the landlord receives it?

They should:

• Acknowledge it inside the deadline
• Instruct a surveyor if they dispute how bad things are
• Share that surveyor's report with you

They may use the window to arrange emergency repairs for the worst defects. Good. But you can still pursue compensation for the time the disrepair sat unfixed before the letter.

What if the landlord ignores it?

No response inside the deadline, or a poor one? Your solicitor or claims adviser can issue the court claim. The ignored LBA gets noted, and the court can award costs against a landlord who failed to engage in good faith.

Do you need a solicitor to write one?

You can write one yourself, with risks: worded wrongly, the landlord's lawyers may argue it broke the protocol. A housing disrepair firm drafts and sends the LBA as part of the claim. It is one of the key early steps they handle.

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

Yes. A landlord who starts fixing things after the LBA still owes compensation for the disrepair period before it, and for the stretch between first report and actual fix. The letter does not reset the clock.

When should I contact Support for Tenants?

Reported repairs still sitting unfixed? 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?