Taking your landlord to court without a solicitor: the small claims route

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You can bring a housing disrepair claim in the small claims track without a solicitor. The small claims track handles civil claims up to £10,000 and is designed to be accessible to people without legal training. It is not simple, but it is manageable if your case is straightforward and your evidence is well organised. This article is information about the process, not legal advice. Whether the small claims route is right for you depends on the specific facts of your case.

What the small claims track is

The small claims track is one of three tracks in the civil court system in England and Wales. Cases in the small claims track are usually:

• Claims up to £10,000 in value
• Heard by a district judge in an informal hearing
• Decided at a relatively low cost compared to higher tracks

Small claims hearings are less formal than higher court hearings. There are no wigs or gowns. The judge will typically let both sides speak in turn, ask questions, and make a decision on the day or shortly afterwards.

One important feature of the small claims track is that legal costs are usually not recoverable, even if you win. In most civil cases, the loser pays the winner's legal costs. In small claims, the rule is different: you can recover the court fee and some limited expenses, but generally not a solicitor's fees. This means bringing a small claims case yourself does not put you at risk of a large legal bill if you lose (beyond the court fee), but it also means you cannot usually recover a solicitor's fee if you hire one and win.

Which housing disrepair cases qualify for small claims

Housing disrepair cases can go through the small claims track if the total claim value is £10,000 or less.

Your claim value includes:

• The compensation you are seeking for the impact of the disrepair on your health, comfort, and use of the property
• Any out-of-pocket costs caused by the disrepair (for example, damaged belongings, higher energy bills, temporary accommodation costs)
• Rent you paid during the period of disrepair, where relevant to the damages calculation

You are not claiming for the cost of the repairs themselves. The claim is for the harm the disrepair caused you, not for paying for the work.

If you also want the court to order your landlord to carry out the repair work (called an "injunction"), that can be requested alongside the damages claim. However, if the repair element makes the case more complex, it may push the case out of small claims and into the fast track, which has different cost rules and is harder to run without a solicitor.

Using Money Claim Online (MCOL)

For straightforward claims, you can start the process using Money Claim Online (MCOL), which is the GOV.UK digital service for making a civil money claim. You can access it at moneyclaim.service.gov.uk.

To start a claim on MCOL you will need:

• Your name and address
• The defendant's name and address (your landlord or the management company responsible for repairs)
• A brief description of your claim (called the "particulars of claim")
• The amount you are claiming
• Payment of the court fee

The court fee varies depending on the amount of your claim. Current fee levels are published on GOV.UK. Fees can be reduced or waived if you are on a low income. This is called a "fee remission" and you can apply using form EX160.

What to include in your particulars of claim

The particulars of claim is the written statement of your case. It needs to cover:

• Who you are and what property you rent
• Who the landlord is and what their legal obligations are (typically under the Landlord and Tenant Act 1985, Section 11)
• What the disrepair is and when it started
• When you notified the landlord and how (include dates and methods, such as email, phone call, or written letter)
• What the landlord did or failed to do in response
• What harm you suffered as a result (describe the impact on health, daily life, and use of the property)
• What you are asking the court to order

Be specific about dates and factual descriptions. Do not exaggerate. Courts take a very dim view of claims that turn out to be overstated, and it can undermine an otherwise strong case.

Evidence you need

A small claims case lives or dies on evidence. You will need:

Written records of reporting the problem. Emails, text messages, complaint reference numbers, and any written responses from the landlord. Print or save these before anything else.

A timeline of events. Put your evidence in date order so you can refer to it clearly in the hearing.

Photographs and videos. Dated photographs of the disrepair are important. Many phones automatically embed a date in the image data. If you are taking photos as evidence, take several from different angles and keep the originals.

Any medical evidence of health impact. A letter from your doctor linking a health condition to the state of the property carries significant weight. You do not need a formal medico-legal report for a small claims case, but a letter from your doctor is helpful.

Records of financial loss. Receipts for damaged property, invoices for replacement items, or utility bills that show an increase during the period of disrepair.

The tenancy agreement. This confirms who the landlord is and what the rental terms are.

What happens at the small claims hearing

After you issue the claim, the court serves it on the defendant (your landlord). The landlord has a period to respond. If they dispute the claim, the case will be listed for a hearing.

Before the hearing, both sides may be asked to file and exchange documents. This is called directions. The court will tell you what to do and when to do it. Follow the directions carefully because missing deadlines can result in evidence being excluded.

At the hearing itself:

• Both sides present their case to the district judge
• The judge can ask questions of both parties
• Witnesses can give evidence (including you as the claimant)
• The judge makes a decision, either at the end of the hearing or in writing afterwards

You do not need to use legal language. Speak clearly, stick to the facts, and refer to your documents by date when you mention them.

What you can and cannot recover if you win

If you win, the court will order the landlord to pay the damages figure it decides. You can also usually recover:

• The court fee you paid to issue the claim
• Certain fixed expenses (such as travel costs to the hearing)

You generally cannot recover:

• Solicitor's fees (unless the case involves a significant procedural failure by the other side)
• Expert report fees above a modest fixed amount

If the landlord does not pay after a judgment, you will need to take enforcement steps such as instructing a bailiff or making an attachment of earnings. This is an additional process.

Pros and cons versus using a no-win-no-fee service

Pros of the small claims route:

• No solicitor fees to pay
• You control the case
• Faster for simple claims
• No success fee deducted from compensation if you win

Cons of the small claims route:

• Landlords often have legal representation despite the small claims rules
• Evidence gathering and case management takes time and skill
• If you make a procedural error, you may lose a case that had good facts
• You cannot recover a solicitor's costs even if you win, meaning you have absorbed all your own time
• Cases requiring expert surveyor evidence are harder to manage yourself

When no-win-no-fee is likely the better route:

• Your claim value is above £3,000 to £4,000 and involves significant health impact
• You need an independent surveyor's report to prove the disrepair
• The landlord is a large housing association or council with in-house legal teams
• The case involves complex issues around notice, causation, or quantum

For claims at the lower end of value, particularly under £2,000, or where the facts are simple and the evidence is strong, the small claims route is worth considering. For larger or more complex cases, a no-win-no-fee solicitor will usually put you in a stronger position.

When small claims is not the right route

Small claims is not suitable for every housing disrepair case. You should consider a different approach if:

• Your claim is above £10,000 in value
• You need an injunction to force urgent repair work and the situation is an emergency
• The case involves personal injury and you want to recover full personal injury damages
• Your landlord is defending aggressively and has legal representation
• You do not have the time to manage a court case yourself

If you are unsure which route suits your case, getting it assessed for free before deciding is sensible. You are not obliged to use a solicitor, but it is worth understanding what you would gain before deciding to go it alone.

Start a free claim check | Free call: 0800 030 4669

Sources: Money Claim Online, GOV.UK | Court fees and fee remissions, GOV.UK | Civil Procedure Rules, small claims track.

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