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 must follow a formal procedure first. It is called the Pre-Action Protocol for Housing Conditions Claims (England). The Ministry of Justice publishes it as part of the Civil Procedure Rules. Most claims settle inside the protocol and never reach court.

About to instruct a solicitor for a disrepair claim? This is what will 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 starting a court case. Its aims are to:

• Get the disrepair fixed quickly
• Give the landlord a fair chance to respond before being sued
• Get repair records and complaint history shared early
• Encourage early settlement, where that is right, without a trial
• Keep court costs down if court cannot be avoided

If either side ignores the protocol without good reason, the court can punish them on costs later, even if they win.

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 by a tenant (or sometimes another occupant or family member) against a landlord who has failed to keep the home in repair or fit to live in. 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 tenancy agreement itself
• The Defective Premises Act 1972
• Common-law negligence and nuisance

Wales has its own separate rules under the Renting Homes (Wales) Act 2016.

The protocol does not cover claims that are only about serious personal injury. Those follow the personal injury pre-action protocol instead.

Step 1: The early notification letter (optional)

The protocol allows an "early notification letter" before the full letter of claim. It simply tells the landlord about the disrepair and asks them to act. It is optional, and it is usually skipped when the tenant has already been through the landlord's complaints procedure.

Step 2: The letter of claim

This is the first formal step in nearly every case. 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, with dates
• The effect on the tenant and the household, including anyone vulnerable
• Details of any injury or illness believed to be caused or made worse by the disrepair
• The works the tenant says the landlord should now do
• A request for specific documents (see below)
• A proposal that both sides jointly instruct one surveyor

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

Step 3: Sharing documents

The protocol expects the landlord to hand over:

• The tenant's housing file, including the full repair history
• Records of all inspections and surveys
• All complaint files about the property
• The pre-tenancy condition record, if they have one
• Records of any planned maintenance or programme works

For many tenants, this is the first time they see the full repair record on their own home. Gaps between what the landlord recorded and what really happened often shift the case.

Step 4: The joint surveyor inspection

The protocol's default is that both sides jointly instruct one surveyor. The surveyor visits the home, inspects the defects, and writes a report on:

• The defects and their likely cause
• Whether the landlord is responsible, under the tenancy or the law
• The works needed to fix each defect
• How long those works should reasonably take
• The likely cost of the works, which decides the right court track

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 and say:

• Whether they admit or dispute the disrepair
• Whether they admit or dispute being legally responsible for it
• What works they propose, and when
• Their position on the document request
• Their position on the joint surveyor
• Any offer of compensation they want to make

The landlord is expected to engage properly at this stage, not just deny everything.

Step 6: Settlement, or court

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

• The landlord agrees a programme of works
• The landlord offers compensation for the period of disrepair and any inconvenience, distress, or damaged belongings
• Both sides agree the tenant's reasonable legal costs

If the landlord refuses to engage, denies clear responsibility, or will not do the works the surveyor says are needed, the next step is court proceedings. The judge will already have the protocol 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 parts have a 3-year limit.
• Protocol response: 20 working days for the landlord to answer the Letter of Claim.
• Joint surveyor inspection: usually arranged within 20 working days of agreeing the instruction.

For the full picture on timing, see how long does a disrepair claim take.

What this means for you as the tenant

In practice, once you have 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 your home on a date that works for both sides.
• Expect the landlord's written response within about a month, not instant repairs.
• Most cases settle at this stage. Only a small minority go to court.

Your solicitor handles all of it. You do not write the letter, you do not book the surveyor, and you do not negotiate with the landlord yourself. That is your solicitor's job.

Get help

Thinking about a disrepair claim and want to know whether your case clears 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.