Pre-Action Protocol Housing Disrepair: What Tenants Need to Know
Driscoll Kingston & Co Limited · 25 May 2026 · 5 min read
What is the Housing Conditions Protocol?
It is part of the Civil Procedure Rules framework for residential housing-condition claims in England. It aims to exchange information early, identify the issues, complete necessary works and explore settlement without unnecessary proceedings.
What should a Letter of Claim contain?
It should identify the tenant and property, explain the defects and repair history, describe notice given to the landlord, set out the effect on the household, identify personal injury and financial loss, and state the works and compensation sought. Relevant documents should be listed or enclosed.
What happens after a housing disrepair Letter of Claim?
The landlord should normally acknowledge and provide a substantive response within the Protocol timetable. The response should address liability, intended works, disclosure and any proposal for expert inspection. Silence does not automatically prove the claim.
How are surveyors instructed?
The parties should consider whether expert evidence is necessary and proportionate. A single joint expert may be agreed, or the tenant may propose an expert and give the landlord an opportunity to participate. The expert's duty is to the court.
Can urgent repairs wait for the Protocol?
No. Immediate health and safety risks should be reported through emergency channels. Interim works, council enforcement or urgent court relief may be appropriate depending on the danger.
What if the landlord does not comply?
Proceedings may become appropriate after advice on the evidence, remedies and costs. Courts can take non-compliance into account, but tenants must still prove the legal claim. Review the evidence checklist before action.
This article provides general legal information only. It does not constitute legal advice on any specific case. Awaab's Law Claims Specialists is a trading name of Driscoll Kingston & Co Limited, authorised and regulated by the Solicitors Regulation Authority (SRA No. 839699).
