The Pre-Action Protocol for Housing Conditions Claims sets the rules before any court case. Here's what it means for tenants and landlords.
In short
The Pre-Action Protocol for Housing Conditions Claims sets the rules both sides follow before a disrepair case reaches court in England and Wales. The tenant sends a formal Letter of Claim. The landlord answers within 20 working days. Both sides share evidence and try to settle. Most cases end here, without court.
Why the Protocol exists
Court time costs a lot, and judges push both sides to settle without a trial. The protocols, one per type of case, set the steps each side takes first. Ignore them, and the court can punish you with costs orders later.
For disrepair, the protocol means a landlord cannot ignore a proper Letter of Claim without possible procedural and costs consequences. That is why most claims settle within months of the letter going out.
What the steps look like
The tenant, usually through a solicitor, sends a Letter of Claim covering:
- The disrepair, room by room
- The dates it was reported
- The legal basis: Section 11, the Fitness for Human Habitation Act, Awaab's Law in some cases
- A demand for repairs by a stated date
- A request for the landlord's documents: repair logs, inspection reports, complaint records
- A proposal for one jointly instructed surveyor to inspect
The landlord gets 20 working days to accept, deny, or ask for more detail. Documents get swapped. The joint surveyor visits and writes a report listing each fault and its cost. Then the two sides negotiate a settlement.
Only if no settlement lands does a court claim get issued.
What this means for you
You do not send the Letter of Claim yourself. A solicitor does, under a no-win-no-fee agreement. Your job is to gather the evidence up front so the solicitor can move fast. See what evidence do I need and how long does a disrepair claim take.
For a free check, call Support for Tenants on 0800 030 4669. We are a regulated company matching 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)
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 17 May 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only, not a promise; every case is different.
Related guides
Complete guide to housing disrepair claims in England and Wales
Everything tenants need to know about housing disrepair claims. The law, your rights, the process, evidence, compensation, deadlines, and what to do step by step.
Read
Do I need a solicitor for a housing disrepair claim?
You do not strictly need a solicitor for a housing disrepair claim. Compare bringing a claim yourself, instructing a solicitor directly, and using a regulated referral service.
Read
What is no win, no fee? (housing disrepair, plain English)
No win, no fee explained: how it works, what comes out of your compensation, and what happens if you lose. Plain English, no jargon.
Read
Still stuck?
Call us free or start a claim online. We'll tell you honestly whether you have a case worth pursuing.