The Pre-Action Protocol for Housing Conditions Claims
Most housing disrepair claims in England follow a set procedure before any court hearing: the Pre-Action Protocol for Housing Conditions Claims. Here is how it works step by step, what it requires from each side, and why most claims settle within it.
The Pre-Action Protocol for Housing Conditions Claims is the procedure the courts expect tenants and landlords to follow before a housing disrepair claim is issued in the County Court. It sets out the letter of claim, the landlord’s deadline to respond, disclosure of repair records, the use of a single joint expert where possible, and the push to settle without a hearing. Courts can penalise either side for ignoring it — and in practice, most claims settle within the protocol rather than at trial.
Why the protocol exists
The Pre-Action Protocol for Housing Conditions Claims (England) is part of the Civil Procedure Rules. Its purpose is simple: get the repairs done and the dispute resolved without a trial wherever possible, by making both sides exchange information early, use shared expert evidence, and negotiate before anyone issues proceedings. Courts take compliance seriously — a party that ignores the protocol can be penalised in costs even if they later win.
For tenants, the practical upside is structure: fixed response deadlines for the landlord, a right to see the repair records, and an independent expert’s report on your home — all before a courtroom is ever involved.
The six steps
We review your situation — what the disrepair is, when you reported it, what your landlord did — and confirm whether you have a claim. Where urgent works are needed, an early notification letter can go to the landlord straight away rather than waiting for the full letter of claim.
A formal letter setting out the defects, the history of your reports, the effect on you and your family, and what is required: the repairs, disclosure of the landlord’s records, and compensation proposals. This letter starts the protocol clock.
The landlord must reply within 20 working days of receiving the letter of claim, disclosing its repair and complaint records, saying whether it admits the claim, and setting out any works it proposes with a timetable.
The protocol encourages a single joint expert — one independent surveyor instructed by both sides — to inspect your home and report on the defects, their cause and the works required. If a joint instruction isn’t agreed, each side’s expert inspects, usually at the same time.
With the records disclosed and the expert’s report in hand, most claims settle here: an agreement covering the works, a timetable for completing them, compensation, and costs. This is where the majority of our clients’ claims conclude.
Where a landlord ignores the protocol, denies an obvious claim or won’t commit to the works, we issue proceedings in the County Court. The protocol record — every missed deadline and refusal — goes with the claim, and costs consequences follow. Urgent cases can include an injunction application for immediate works.
“Landlords often assume tenants won’t push back. Our job is to make sure they do — and that the repairs actually get done, not just promised.”
Stephen Lund · Director
What the protocol means for you in practice
- You don’t have to do any of this yourself — we run every step, from the letter of claim to the expert instruction to the negotiation
- Your landlord’s own records become evidence — the disclosure requirement means the repair logs, complaint history and inspection notes come out early, and they usually confirm exactly what you have been saying
- Urgent repairs are not parked — the protocol expressly contemplates urgent works being addressed straight away, and an injunction remains available where safety demands it
- Most claims never see a courtroom — the structure exists to settle, and it works
How this interacts with Awaab’s Law
For social housing tenants, Awaab’s Law now sets fixed statutory deadlines for investigating and fixing hazards like damp and mould — deadlines that run independently of the protocol and are typically faster. A landlord that has missed its Awaab’s Law deadlines enters the protocol already in breach. Read our Awaab’s Law guide →
Getting ready
The protocol rewards a clear paper trail: when you reported the problem, how, and what happened next. Dated photos, your messages to the landlord, and notes of phone calls all feed directly into the letter of claim — our evidence guide covers what to gather. For your underlying rights, see our main housing disrepair guide, and for what a claim costs, our costs and funding page.
Pre-Action Protocol FAQs
How long does the protocol stage take?
The landlord has 20 working days to respond to the letter of claim, and the expert inspection and negotiation follow from there — so a claim that settles within the protocol typically resolves over a period of months rather than weeks. A landlord that engages early shortens it considerably; one that stalls extends it, but builds the costs case against itself in doing so.
Do the repairs have to wait until the protocol finishes?
No — and this matters. The protocol expressly contemplates urgent works being dealt with straight away, and nothing stops a landlord carrying out repairs at any stage (it is encouraged). Where a defect is dangerous and the landlord still won’t act, an injunction application can compel immediate works without waiting for the protocol to run its course.
What happens if my landlord just ignores the letter of claim?
Silence is a breach of the protocol, not a way out of it. If the landlord fails to respond within 20 working days, we can issue court proceedings — and the landlord’s non-engagement goes before the court, with costs consequences. In practice, many landlords who ignore tenants for years respond quickly once solicitors’ letters and court deadlines are involved.
What is a single joint expert?
One independent surveyor instructed jointly by both sides, who inspects your home and reports to tenant and landlord alike. The report covers the defects, their cause and the works needed, and both sides rely on it — which keeps costs down and removes the “duelling experts” problem. The expert’s duty is to the court, not to either party.
How much does it cost to claim?
We act on a no win, no fee basis under a Conditional Fee Agreement. If your claim is unsuccessful, you do not pay our fees. The full details of how no win, no fee works — including the insurance arrangements that protect you — are set out on our costs and funding page.
Ready to start the process? It begins with a free assessment
Tell us about the disrepair and what your landlord has (or hasn’t) done. We’ll review it free of charge, tell you honestly whether you have a claim, and handle every step of the protocol for you.
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