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

Direct answer

A housing disrepair solicitor investigates your case, sends formal legal letters to your landlord under the Pre-Action Protocol, instructs an independent surveyor to inspect your home, and then negotiates a settlement or takes the case to court if the landlord refuses to engage. Most housing disrepair cases are run on a no-win-no-fee basis, which means you pay nothing upfront and nothing at all if you lose. If you win, the fee comes out of the compensation, not your pocket. This article explains how that 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 assessing the case. The solicitor or their intake team will ask you about the property, the problems, when you reported them, and what the landlord did or failed to do. They will assess whether the case has a realistic chance of success. Not all cases are taken on. A solicitor running cases on no-win-no-fee terms takes a financial risk when they accept a case, so they only take cases where the evidence is strong enough to justify that risk.

Stage 2: sending the Pre-Action Protocol letter. In housing disrepair cases there is a formal Pre-Action Protocol. This is a set of rules that parties must follow before issuing court proceedings. The solicitor sends a formal letter to the landlord setting out the nature of the disrepair, the legal basis of the claim, and what the landlord must do in response. The landlord has a defined period to reply and to arrange an inspection. Many cases settle at this stage without ever going to court.

Stage 3: instructing the surveyor. If the landlord does not accept liability or denies the severity of the disrepair, the solicitor will instruct an independent surveyor, usually a chartered building surveyor with experience in residential disrepair. The surveyor visits the property, inspects the defects, and produces a report. That report documents the nature and cause of the disrepair, how long it is likely to have existed, and what remedial work is needed. It becomes the central piece of evidence in the claim.

Stage 4: negotiating settlement. The solicitor uses the surveyor's report, your documented evidence, and the legal framework to negotiate with the landlord or their insurers. Most housing disrepair cases settle before reaching a final court hearing. Settlement involves an agreed compensation figure and, usually, an agreement that the landlord will carry out the necessary repairs within a specified timeframe.

Stage 5: issuing court proceedings if needed. If the landlord refuses to settle or fails to engage, the solicitor issues court proceedings. This escalates the case to the civil court system and typically increases the pressure on the landlord to resolve matters. Cases that reach this stage can be heard on the small claims track, fast track, or multi-track depending on their complexity and value. 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 when you are talking to anyone about a housing disrepair claim is: who is the regulated entity handling my case? Ask whether you will be signing a CFA directly with a solicitor's firm and who at the firm is responsible for 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? While timescales vary, a reasonable firm will give you a realistic expectation. Cases that settle at the Pre-Action Protocol stage can resolve in four to six months. Contested cases that go to a hearing take longer.

Can I speak to the solicitor who will handle my case? If you can only speak to a call centre without being told who the named solicitor on your file will be, that is worth noting. You are entitled to know who is responsible for your case.

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 you a clear written client care letter at the outset setting out fees, the CFA terms, and the complaints process
• Explain the strengths and weaknesses of your case honestly, including the possibility of losing
• Update you at each stage, not just when they need something from you
• Not pressure you to accept a settlement you are unhappy with

If at any point you feel that a firm is not being transparent about costs or is pushing you towards a decision without proper explanation, you have the right to end the retainer and seek a second opinion.

Start a free claim check | 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.