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

If your landlord has failed to carry out repairs and you have suffered loss as a result, you may be able to make a claim through the county court without using a solicitor. The small claims track is designed for lower-value disputes and is less formal than other court procedures. Here is how it works, and how to tell whether it is right for your situation.

What is the small claims track?

When you issue a claim in the county court, the court allocates it to a track based on the amount of money you are claiming. Disputes where the claim is £10,000 or less are usually allocated to the small claims track. This track has simpler rules, lower costs, and is designed so that people can represent themselves without a lawyer.

For housing disrepair cases, the small claims track may be suitable if the total value of your claim, including damage to belongings and compensation for inconvenience, is £10,000 or less.

Can I use the small claims track for housing disrepair?

Yes, in principle. A claim for housing disrepair can be made through the county court, and if the value is within the limit, it will be allocated to the small claims track. This means:

• You do not need a solicitor (though you can use one if you wish)
• If you lose, you will not normally have to pay the landlord's legal costs
• Court fees are based on the amount you are claiming, for lower amounts they are relatively modest

However, there are some important differences between a small claim and a housing disrepair claim handled by a specialist 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 disrepair cases. This requires you to:

1. Send a letter to your landlord setting out the disrepair and what you want them to do about it, with supporting evidence
2. Allow the landlord time to respond and carry out an inspection
3. Try to agree on the scope of the work and access for repairs

Only if the landlord fails to respond appropriately should you issue a claim. Skipping the pre-action steps can count against you in court.

Once issued, you will need to set out your claim in writing, gather evidence (photographs, correspondence, medical evidence if health has been affected), and attend a hearing if the landlord defends the claim.

What can you claim for?

In a housing disrepair claim you can seek:

• Compensation for the inconvenience and distress caused by living with disrepair
• The cost of any damage to your belongings
• Any costs you paid to deal with the problem yourself (for example, dehumidifiers, extra heating costs)
• An order that the landlord carry out the repairs

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

What are the risks?

If the claim turns out to be more complex than expected, for example, the landlord disputes all the facts, or the value of the claim turns out to be higher than £10,000, the case may be reallocated to a different track with different cost rules. This is something to think about before issuing your claim.

If you are not confident about the legal process, getting legal advice first, even just a one-off appointment, is worthwhile.

Should I use a solicitor instead?

Many housing disrepair solicitors work on a no-win no-fee basis, which means you pay nothing upfront and nothing if you lose. If your claim has merit and may be worth more than a small amount, using a solicitor may result in better compensation and a more thorough claim than a small claims track action alone.

When should I contact Support for Tenants?

We handle housing disrepair claims on a no-win no-fee basis. You do not pay anything upfront and we take on the case for you.

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