What is a Pre-Action Protocol? (housing disrepair, plain English)

Direct Answer

The Pre-Action Protocol for Housing Conditions Claims is a set of rules tenants and landlords must follow before a housing disrepair case goes to court in England and Wales. It requires the tenant to send a formal Letter of Claim, the landlord to respond within 20 working days, and both sides to share evidence and try to settle. Most cases settle at this stage without ever reaching court.

Why the Protocol exists

Court time is expensive and judges in England and Wales actively encourage parties to settle disputes without litigation. The Pre-Action Protocols (there are several for different types of case) set out the steps each side must take first. If a party ignores the Protocol, the court can punish them with costs orders later.

For housing disrepair, the Protocol means landlords cannot ignore a properly drafted Letter of Claim without serious financial risk. That is why most disrepair claims settle within months of the letter being sent.

What the steps look like

The tenant (usually via a solicitor) sends a Letter of Claim that includes:

• A description of the disrepair, room by room.
• The dates the issues were reported.
• The legal basis of the claim (Section 11, the Fitness for Human Habitation Act, Awaab's Law in some cases).
• A request for repairs to be carried out within a stated time.
• A request for the landlord's documents (repair logs, inspection reports, complaint records).
• A proposal for a single joint expert to inspect the property.

The landlord has 20 working days to respond, either accepting the claim, denying it, or requesting more information. Both sides then exchange the agreed documents. A joint expert visits the property, produces a report listing every disrepair item and the cost to fix it, and the parties negotiate a settlement.

If no settlement is reached, only then does a court claim get issued.

What this means for you

You do not need to send the Letter of Claim yourself, a solicitor does it under a Conditional Fee Agreement (no win, no fee). Your job is to gather the evidence in advance so the solicitor can move quickly. See what evidence do I need and how long does a disrepair claim take.

For a free eligibility check, call Support for Tenants on 0800 030 4669. Support for Tenants is a regulated company that matches tenants with panel solicitors.

Free alternative: Citizens Advice and Shelter can both help you understand the Protocol at no cost.

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)
• Limitation Act 1980 (legislation.gov.uk)