What a housing disrepair solicitor actually does (and what you pay)

In short

A housing disrepair solicitor investigates your case, sends the formal letters under the Pre-Action Protocol, instructs an independent surveyor to inspect your home, then negotiates a settlement, or goes to court if the landlord will not engage. Most cases run on a no-win, no-fee basis. 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.

This article explains how the funding works in practice, what the difference is between a solicitor and a claims management company, and what to ask before signing up with anyone.

What a solicitor does at each stage of your case

Stage 1: taking instructions and weighing the case. The solicitor or their intake team asks about the property, the problems, when you reported them, and what the landlord did or failed to do. They judge whether the case can realistically win. Not every case gets taken, so the evidence has to justify taking the matter forward.

Stage 2: the Pre-Action Protocol letter. Housing cases carry a formal Pre-Action Protocol: rules both sides follow before court. The solicitor's letter sets out the disrepair, the legal basis, and what the landlord must do. The landlord gets a set period to reply and arrange an inspection. Many cases settle right here.

Stage 3: the surveyor. A landlord denying liability, or how bad things are, brings in an independent surveyor: usually a chartered building surveyor versed in residential disrepair. They visit, inspect, and write the report: what the disrepair is, what caused it, how long it likely existed, what work it needs. That report becomes the claim's central evidence.

Stage 4: negotiating settlement. Armed with the report, your evidence and the law, the solicitor negotiates with the landlord or their insurers. Most cases settle before any final hearing: an agreed figure, plus, usually, the repairs by an agreed date.

Stage 5: court, if needed. A landlord refusing to settle or engage faces issued proceedings. The pressure rises. Cases land on the small claims, fast or multi-track by size and complexity, and most still settle before a final hearing.

What no win no fee means in practice

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.

That is the straightforward version. Here is what it means legally.

The Conditional Fee Agreement (CFA). No-win-no-fee arrangements in solicitor-run cases are governed by a Conditional Fee Agreement, or CFA. This is a contract between you and the solicitor that sets out the terms on which they will work. The key features are:

• The solicitor's base fee is payable only if the case succeeds (the "success condition")
• If the case fails, the solicitor's fee is not payable
• If the case succeeds, the solicitor can charge a "success fee" on top of their base rate, up to a maximum percentage

The success fee is a percentage uplift on the base rate. It is capped at 25% of the damages in most personal injury and disrepair cases, following the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Who pays the solicitor's costs if you win? In most housing disrepair cases, if you win the court will order the landlord to pay your solicitor's base costs as well as your damages. This is called the "costs follow the event" principle. It means that the solicitor's fees are substantially paid by the losing party. The success fee is typically deducted from your compensation, but the base fee usually comes from the landlord.

The net result for most clients is that the compensation they receive is reduced by the success fee, but the base costs of running the case have been paid by the landlord.

What about the surveyor's fee and disbursements? Some solicitors fund disbursements (expenses like the surveyor's fee, court issue fees, and medical report costs) upfront and recover them from the landlord at the end. Others use an "After the Event" (ATE) insurance policy that covers disbursements and the risk of paying the other side's costs if the case loses. You should ask the solicitor clearly what happens to disbursements and whether you need to take out ATE insurance.

The difference between a solicitor and a claims management company

A solicitor is authorised and regulated by the Solicitors Regulation Authority (SRA). They are subject to professional obligations including duties of confidentiality, independence, and client care. They can issue court proceedings themselves, sign court documents, and appear in court.

A claims management company (CMC) is a different type of business. CMCs are regulated by the Financial Conduct Authority (FCA), not the SRA. They can market claims services and pass cases to solicitors, but they cannot conduct the legal work themselves.

There is nothing illegal about using a CMC to find a solicitor. However, there are some differences to be aware of:

• The CMC may take a referral fee from the solicitor that handles your case. This does not cost you directly but it changes the commercial relationship.
• The CMC's obligations to you are governed by FCA consumer credit rules, which are somewhat different from SRA client care rules.
• If you have a complaint about how your case was handled, the routes are different: complaints about solicitors go to the Legal Ombudsman, complaints about CMCs go to the FCA or the Claims Management Ombudsman.

The key question for anyone you talk to: who is the regulated entity handling my case? Ask whether you sign the CFA directly with a solicitor's firm, and who there owns your case.

Questions to ask before signing up

Before signing a CFA or any engagement document with a solicitor or claims management company, ask these questions:

Are you an SRA-regulated solicitor or an FCA-regulated claims management company? The answer tells you who you are dealing with and what protection you have.

What is your success fee percentage? Understand what percentage of your compensation will be deducted if you win. Make sure this is written into the CFA, not just stated verbally.

Who pays the expert surveyor? Will the surveyor's fee be funded upfront, and if so, by whom? If ATE insurance is involved, make sure you understand the premium and when it is payable.

What happens if I lose? Get written confirmation that you will owe nothing if the case does not succeed. Check that this applies to both the solicitor's fees and disbursements.

How long does a typical case take? Timescales vary, but a fair firm gives a realistic expectation. Protocol-stage settlements can land in four to six months; contested hearings take longer.

Can I speak to the solicitor handling my case? A call centre that never names the solicitor on your file is worth noting. Knowing who owns your case is your right.

What is your process if I am unhappy with how my case is handled? Every regulated firm must have a complaints procedure. Ask for it.

What good client care looks like

A reputable housing disrepair solicitor will:

• Give a clear written client care letter up front: fees, CFA terms, complaints process
• Explain your case's strengths and weaknesses honestly, losing included
• Update you at each stage, not just when they need something
• Never push you into a settlement you are unhappy with

A firm going quiet on costs, or pushing decisions without explanation? You can end the retainer and seek a second opinion, at any point.

Check if you have a claim, free | Free call: 0800 030 4669

Sources: Solicitors Regulation Authority, SRA.org.uk | Financial Conduct Authority, FCA.org.uk | Legal Ombudsman, legalombudsman.org.uk | Pre-Action Protocol for Housing Disrepair Cases, justice.gov.uk.

Support For Tenants is a trading name of Cyntex Group Ltd, authorised and regulated by the Financial Conduct Authority as a Claims Management Company. FRN 1020217. Registered in England and Wales.