What Is the Housing Disrepair Protocol?

Introduction

If you're a tenant living in poor housing conditions, you may be wondering how to take legal action against your landlord. Before starting a housing disrepair claim, there’s an important legal step that must be followed: the Housing Disrepair Protocol.

The protocol is a structured process designed to help resolve disputes between tenants and landlords without immediately going to court. Following it correctly increases the chances of early repair work, fair housing disrepair compensation, and even an out-of-court settlement.

In this guide, the Housing Disrepair Team explains what the protocol is, why it matters, and how housing disrepair solicitors help you navigate it professionally to achieve the best outcome.

What Is the Housing Disrepair Protocol?

The Housing Disrepair Protocol is a pre-action protocol established under the Civil Procedure Rules. It applies to tenants in England and Wales who wish to take legal action against their landlord for failing to repair rented properties.

It outlines:

• The steps both tenant and landlord must follow before court proceedings begin

• Reasonable timeframes for response and repair

• Information both sides must share

• An opportunity to resolve the issue without legal action

It’s not just a guideline—it’s a legal requirement before you can start a court claim for housing disrepair compensation.

Why Is the Protocol Important?

Following the Housing Disrepair Protocol is important because:

1. It shows you're acting reasonably
   Courts expect tenants to follow the correct legal process. If you skip the protocol, your case could be delayed or even struck out.

2. It gives your landlord a chance to fix the problem
   Landlords must be notified formally and given time to respond or carry out repairs before legal action begins.

3. It improves your chance of settlement
   Many housing disrepair claims are resolved during the protocol stage, saving you time, stress, and court costs.

Step-by-Step: How the Protocol Works

Let’s break the Housing Disrepair Protocol into clear steps:

Step 1: Instructing a Solicitor

Before starting a claim, contact housing disrepair experts like us. We’ll assess your situation and gather the necessary information, including:

• The nature of the disrepair (damp, leaks, pests, etc.)

• How long it’s been ongoing

• Any impact on your health or belongings

• What actions your landlord has taken (if any)

Step 2: Sending the Letter of Claim

Your solicitor will draft and send a Letter of Claim to the landlord. This letter includes:

• Full details of the disrepair

• Evidence (e.g. photos, survey reports, medical info)

• What action the tenant is seeking (repairs and/or compensation)

• A request for the landlord’s response within 20 working days

This step starts the formal legal process and gives the landlord a final chance to resolve the issue.

Step 3: Landlord’s Response

The landlord has 20 working days to respond. They may:

• Admit the disrepair and agree to carry out repairs

• Deny the claim

• Request further information

• Offer compensation or a settlement

A lack of response can strengthen your case if legal action becomes necessary.

Step 4: Expert Survey and Inspection

If the landlord doesn’t cooperate or disputes the claim, your solicitor may arrange an independent surveyor to inspect the property. This expert report:

• Identifies the disrepair

• States whether the landlord is responsible

• Describes health and safety risks

• Estimates how long the issue has been ongoing

Survey reports are powerful evidence in housing disrepair compensation claims.

Step 5: Negotiation or Litigation

After reviewing the evidence, your solicitor will attempt to negotiate a settlement. If the landlord still refuses to act, your solicitor can issue court proceedings on your behalf.

The court may:

• Order the landlord to make repairs

• Award you housing disrepair compensation

• Make the landlord pay your legal costs

What Happens If the Protocol Is Ignored?

If you file a claim without following the protocol:

• The court may penalise you, even if your case is strong

• Your case might be delayed or dismissed

• You could be ordered to pay legal costs

That’s why it’s essential to work with the best housing disrepair solicitors who understand and comply with the protocol at every step.

How Long Does the Protocol Take?

The protocol stage generally lasts around 6 to 8 weeks, depending on:

• The landlord’s response speed

• Whether a survey is needed

• The complexity of the case

In many cases, a settlement is reached during the protocol stage—without ever needing to go to court.

Do You Still Have to Pay Rent During the Protocol?

Yes. Even if your home is in poor condition, you must continue to pay rent. Withholding rent can weaken your case and lead to eviction proceedings. Instead, focus on making a proper housing disrepair claim through legal channels.

When Should I Start the Protocol?

You should begin the process as soon as:

• Your landlord has been made aware of the issue

• A reasonable amount of time has passed with no repair

• The disrepair is affecting your health, safety, or belongings

The sooner you act, the sooner you can receive the repairs and compensation you’re entitled to.

Final Thoughts

The Housing Disrepair Protocol is a vital part of the legal process. It protects both tenants and landlords and offers a structured way to resolve disputes fairly and efficiently.

If you're experiencing disrepair in your rented home, don’t wait. At Housing Disrepair Team, our experienced housing disrepair solicitors will follow the protocol properly, build your case with strong evidence, and fight for the compensation you deserve.

We’re housing disrepair experts, and we operate on a no win, no fee basis—so there’s no risk to you. Reach out today to make a housing disrepair claim and start your journey to justice.