Small claims court and housing disrepair: what you need to know

Has your landlord failed to do repairs, leaving you out of pocket? You may be able to claim through the county court without a solicitor. The small claims track exists for lower-value disputes and is less formal than other court routes. Here is how it works, and how to tell whether it fits your situation.

What is the small claims track?

When you issue a county court claim, the court assigns it to a track based on how much you are claiming. Claims of £10,000 or less usually go to the small claims track. The rules are simpler, the costs lower, and the track is designed so people can represent themselves.

For disrepair, the small claims track may suit you if the whole claim, including damaged belongings and compensation for inconvenience, is worth £10,000 or less.

Can I use the small claims track for housing disrepair?

Yes, in principle. A disrepair claim can go through the county court, and within the limit it lands on the small claims track. That means:

• You do not need a solicitor, though you can use one if you wish
• If you lose, you do not normally pay the landlord's legal costs
• Court fees follow the amount claimed, and for smaller amounts they are modest

But a small claim differs in important ways from a disrepair claim run by a solicitor on a no-win no-fee basis.

What does a housing disrepair claim in the small claims track involve?

Before issuing a claim, you are expected to follow the pre-action protocol for housing cases. That means:

1. Send your landlord a letter setting out the disrepair and what you want done, with your evidence
2. Give the landlord time to respond and inspect
3. Try to agree what work is needed, and access for it

Issue a claim only if the landlord fails to respond properly. Skipping the pre-action steps can count against you in court.

Once the claim is issued, you set it out in writing, gather your evidence (photos, letters, medical notes if health has suffered), and attend a hearing if the landlord defends it.

What can you claim for?

In a housing disrepair claim you can seek:

• Compensation for the inconvenience and distress of living with the disrepair
• The cost of any damage to your belongings
• Costs you paid to cope with the problem, such as dehumidifiers or extra heating
• An order making the landlord do the repairs

The court can award compensation and a repair order in the same case.

What are the risks?

A claim can turn out bigger than expected. If the landlord disputes all the facts, or the value climbs past £10,000, the case may move to a different track with different cost rules. Think about this before you issue.

Not confident about the legal process? Legal advice first, even one appointment, is worth it.

Should I use a solicitor instead?

Many housing disrepair solicitors work on a no-win, no-fee basis. 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. If your claim has merit and real value, a solicitor may win you more compensation, with a more thorough case, than a small claim on your own.

When should I contact Support for Tenants?

We check whether you may have a claim and refer you to a solicitor from our panel, who runs the case for you on a no-win no-fee basis.

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)
• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)

Related articles

• How to report disrepair to your landlord
• Free housing legal advice in England, where to get it