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The Housing Disrepair Claims Process

What happens at each stage of a claim, how long it takes and what you will need to do.

Housing disrepair claims in England follow a set route laid down by the courts, called the Pre-Action Protocol for Housing Conditions Claims. Its purpose is to get repairs done and claims settled without court proceedings wherever possible.

  1. Free assessment

    Tell us what is wrong, who your landlord is and when you reported it. We tell you whether you have a claim and how it would be funded. It costs nothing.

  2. Gather your evidence

    Photos, repair reports, emails, texts and medical notes. You can upload them to us securely through this website.

  3. Letter of claim

    A solicitor sends your landlord a formal letter under the Pre-Action Protocol for Housing Conditions Claims. The landlord has 20 working days to reply.

  4. Independent inspection

    A surveyor inspects your home and writes a report listing each defect, its cause and the work needed to put it right.

  5. Negotiation

    Most claims settle here: the landlord agrees a schedule of repairs with dates, and a sum of compensation.

  6. Repairs and payment

    The works are carried out and your compensation is paid. If the landlord will not agree, the court can order both.

Stage by stage

Assessment and sign-up

After your free assessment, if you have a claim and want to proceed, you sign a no win no fee agreement and give authority for your solicitor to obtain your housing file and, if relevant, your medical records.

The letter of claim

Your solicitor writes to the landlord setting out the defects, the history of your reports, the effect on you and your household, and what you are claiming. The letter asks for the landlord's repair records and proposes an expert surveyor.

The landlord's response

The landlord should reply within 20 working days, saying whether they accept liability, disclosing their records and responding to the proposed expert.

The survey

A surveyor inspects your home, ideally as a single expert instructed jointly by both sides, within 20 working days of the landlord's response. You need to be at home to let them in. The report lists each defect, its cause, whether the landlord is responsible and the works required. It is the most important document in the claim.

Negotiation and settlement

With the report in hand, the two sides negotiate. A typical settlement has a schedule of works, a deadline for completing them, a sum of compensation and payment of your legal costs. Your solicitor advises you on any offer, and the decision to accept is yours.

Court, if needed

If the landlord denies liability, ignores the protocol or makes an unreasonable offer, your solicitor can issue a claim in the County Court. Even then, most cases settle before a final hearing. If yours does reach trial, your solicitor and barrister prepare you for it.

After settlement

The claim is not over until the works are done. If the landlord misses the agreed dates, your solicitor can go back to court to enforce the agreement.

How long does a claim take?

A straightforward claim where the landlord engages with the protocol can settle in around four to nine months. Claims that need court proceedings often take a year or longer. Urgent hazards do not have to wait: in a serious case your solicitor can apply for an injunction ordering immediate works.

What you need to do

  • Keep paying your rent
  • Carry on reporting new problems to the landlord
  • Allow access for the surveyor and for repairs
  • Keep taking photos and send new evidence through our upload page
  • Reply to your solicitor promptly

Questions tenants ask

Will I have to go to court?

Probably not. The protocol is designed to settle claims without proceedings, and most do. If your case is issued at court, it still usually settles before trial.

Can the landlord do the repairs while the claim is going on?

Yes, and they often do. Let them in, tell your solicitor and photograph the work. You keep your claim for compensation for the period before the repairs.

Who pays for the surveyor?

Under a no win no fee agreement the fee is paid by your solicitor or split with the landlord at the time, and recovered from the landlord if you win.

What if my landlord ignores the letter of claim?

Your solicitor can instruct a surveyor without them and issue court proceedings. A landlord who ignores the protocol can be penalised in costs.

Still waiting for your landlord to fix it?

Tell us what is wrong and how long you have been waiting. We will tell you whether you can claim, free of charge.

Get a free assessment Call 0330 223 8677

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