Before any housing disrepair case can go to court, both sides must follow the Pre-Action Protocol. That is just the set of letter-and-reply steps the court rules say you both have to take first. If you skip it, the court may penalise you.
The 4 stages
Stage 1, Letter of Claim (Day 0)
A formal letter from you (or your solicitor) to the landlord. It must:
- Identify the property and tenancy
- Describe the disrepair
- List dates of previous reports
- Specify the repair work required
- State the compensation sought
- Set a 20-working-day deadline for response
Stage 2, Landlord's Response (Day 20)
The landlord has 20 working days to:
- Admit or deny the disrepair
- Identify which repairs they will carry out
- Propose an inspection date
- Make any settlement offer
If they do not respond, you can proceed straight to court.
Stage 3, Joint Inspection (typically Day 28-42)
If the landlord disputes the disrepair, both sides attend a joint inspection. Usually a single jointly-instructed surveyor produces a report.
Stage 4, Settlement or Issue (typically Day 60-90)
Most cases settle here. The landlord agrees:
- The repair schedule
- The compensation amount
- Legal costs
If no settlement, court proceedings are issued.
What "compensation" covers
Under the Pre-Action Protocol, you can claim:
- A payment for the upset, for the stress, the inconvenience, and not being able to use your home properly. Typically 25 to 50% of the rent you paid while the home was affected.
- The cost of what it cost you, real money you lost (damaged belongings, higher heating bills, medical costs).
- A payment if your health suffered, if the disrepair caused or worsened an illness or injury.
- An order telling the landlord to do the work.
Time and cost
- 80% of cases settle without going to court
- Average case duration: 3–9 months
- Under a No Win, No Fee (CFA) arrangement, you pay nothing if you lose
- Fee capped by law, and only ever taken from your compensation if you win, never from your own pocket
The Welsh equivalent
The Pre-Action Protocol for Housing Disrepair Cases (Wales) applies in Wales. Largely identical structure but references Welsh-specific law (Renting Homes (Wales) Act 2016).