The Pre-Action Protocol for Housing Conditions Claims (England): What Tenants Should Know

Short answer: Before a housing disrepair case goes to court in England, the tenant's solicitor and the landlord have to follow a formal pre-action procedure called the Pre-Action Protocol for Housing Conditions Claims (England). It is published by the Ministry of Justice and forms part of the Civil Procedure Rules. Most claims settle inside the protocol without ever reaching court.

If you are about to instruct a solicitor for a disrepair claim, this is what is going to happen on your behalf in the first few months.

What the protocol is for

The protocol sets out the steps both sides must take before issuing court proceedings. Its stated aims are to:

• Get the disrepair fixed quickly
• Give the landlord a fair chance to respond before being sued
• Encourage early disclosure of repair records and complaint history
• Encourage early settlement, where appropriate, without a trial
• Limit the costs of going to court if it cannot be avoided

If a party does not follow the protocol without good reason, the court can impose costs sanctions later, even on the winning side.

The full text is in the Pre-Action Protocol for Housing Conditions Claims (England) on the Justice website.

When the protocol applies

The protocol applies in England to claims brought by a tenant (or, in some cases, an occupant or family member) against a landlord for failing to keep premises in repair or fit for human habitation. It covers claims under:

• Section 11 of the Landlord and Tenant Act 1985
• Section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation)
• The terms of the tenancy agreement itself
• The Defective Premises Act 1972
• Common-law negligence and nuisance

Wales has its own separate framework following the Renting Homes (Wales) Act 2016.

The protocol does not apply to claims for serious personal injury alone, those follow the personal injury pre-action protocol instead.

Step 1: The Early Notification Letter (optional)

The protocol allows for an "early notification letter" before the full letter of claim, where the tenant simply puts the landlord on notice of the disrepair and asks them to act. This is not required and is most often skipped when the tenant has already exhausted the landlord's complaints procedure.

Step 2: The Letter of Claim

The first formal step in nearly all cases. The tenant's solicitor sends a Letter of Claim to the landlord. It must include:

• The tenant's name, address and date of birth
• A full description of the defects, room by room
• The history of reports made to the landlord and the dates
• The effect on the tenant and the household, including any vulnerable occupants
• Details of any injury or illness believed to have been caused or worsened by the disrepair
• The works the tenant says the landlord should now do
• A request for disclosure of specified documents (see below)
• A proposal for joint instruction of a single surveyor

The landlord then has 20 working days to provide a full response.

Step 3: Disclosure of documents

The protocol expects the landlord to disclose:

• The tenant's housing file, including all repair history
• Records of all inspections and surveys
• All complaint files relating to the property
• The pre-tenancy condition (if held)
• Records of any planned maintenance or programme works

For tenants this is often the first time they see the full repair record on their own property. Discrepancies between what the landlord recorded and what actually happened often shift the case.

Step 4: The joint surveyor inspection

The protocol's default is that a single surveyor is jointly instructed by both sides. They visit the home, inspect the defects, and produce a written report on:

• The defects present and their likely cause
• Whether the landlord is responsible under the lease/tenancy and/or statute
• The works needed to remedy each defect
• The time those works should reasonably take
• The likely cost of the works (so the right court track can be identified)

The joint surveyor's report is usually the most important document in the case. Both sides see it at the same time.

Step 5: The landlord's response

Within 20 working days of the Letter of Claim, the landlord must respond setting out:

• Whether they admit or dispute the disrepair
• Whether they admit or dispute being legally responsible for any admitted disrepair
• A schedule of works they propose to carry out, with timescales
• Their position on the disclosure request
• Their position on the joint surveyor instruction
• Any offer of damages they wish to make

The expectation is that the landlord engages substantively at this stage, not that they simply deny everything.

Step 6: Negotiation, or court

Once the joint surveyor's report and the landlord's response are in, most cases settle:

• The landlord agrees a programme of works
• The landlord makes a damages offer for the period of disrepair and any inconvenience, distress, or property damage
• Both sides agree the tenant's reasonable legal costs

If the landlord refuses to engage, denies clear liability, or refuses to do the works the joint surveyor says are needed, the next step is to issue court proceedings. The judge will already have the protocol-stage documents and will expect both sides to have behaved reasonably.

Time limits to be aware of

• Limitation: Disrepair claims for breach of contract must usually be brought within 6 years of the breach (Limitation Act 1980). Personal injury elements have a 3-year limit.
• Protocol response: 20 working days for the landlord to respond to the Letter of Claim.
• Joint surveyor inspection: usually arranged within 20 working days of agreement on instruction.

For a fuller picture of total case timing, see how long does a disrepair claim take.

What this means for you as the tenant

In practice, once you have instructed a solicitor:

• You will be asked for the full repair history. Pull your emails, portal screenshots, dated photos and letters together early. See the evidence checklist.
• You will need to let a surveyor into the home on a date that works for both sides.
• You should expect a written response from the landlord within about a month, not immediate works.
• Most cases settle inside this protocol stage. A small minority go to court.

Your solicitor handles all of this. You do not write the letter, you do not commission the surveyor, you do not negotiate with the landlord yourself, all of that is your solicitor's job.

Get help

If you are thinking about a housing disrepair claim and want to know whether your case meets the protocol threshold, call Support for Tenants on 0800 030 4669 for a free assessment. We are a regulated company, not a law firm, we connect tenants with solicitors who run housing disrepair cases 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.

Free alternative: Shelter (0808 800 4444) offers free housing advice.

Sources: Pre-Action Protocol for Housing Conditions Claims (England) (Justice.gov.uk); Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk); Defective Premises Act 1972 (legislation.gov.uk); Limitation Act 1980 (legislation.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.