Introduction

If you're a tenant living with serious issues like damp, mould, leaks, or broken heating, and your landlord isn’t taking action, you may be entitled to make a housing disrepair claim.

Before going to court, however, there's a formal process known as the Housing Disrepair Protocol. This legal framework helps resolve disrepair disputes fairly and gives your landlord one last opportunity to fix the problems.

At Housing Disrepair Team, our experienced housing disrepair solicitors guide tenants through this process to ensure they receive the compensation for housing disrepair they deserve—while holding landlords accountable.

This article explains the purpose of the protocol, how it works, and what steps you need to take to make a successful claim.

What Is the Housing Disrepair Protocol?

The Housing Disrepair Pre-Action Protocol is a set of legal steps that tenants and landlords must follow before a disrepair claim goes to court. It ensures both parties try to resolve the issue out of court, saving time and costs.

It applies to tenants in England and Wales living in rented properties owned by:

• Local councils

• Housing associations

• Private landlords

This protocol is part of the Civil Procedure Rules (CPR), which govern how legal disputes are handled in the UK.

Why Does the Protocol Matter?

The protocol is important because:

• It gives landlords formal notice of the issues

• Encourages early repairs or compensation offers

• Promotes resolution without legal proceedings

• Ensures all evidence and communication is properly recorded

• Reduces delays, legal costs, and stress for the tenant

Failure to follow the protocol properly can weaken your case or lead to delays—even if your complaint is valid.

When Should You Use the Protocol?

You should use the Housing Disrepair Protocol if your landlord has failed to repair issues you’ve already reported and you now wish to claim for:

• Repairs that haven’t been carried out

• Housing disrepair compensation for inconvenience

• Health issues caused by the disrepair

• Damage to your belongings

If the landlord refuses to engage during the protocol period or still fails to act, you can proceed with court action.

The Steps of the Housing Disrepair Protocol

Here’s how the protocol works, step by step:

1. Send a Letter of Claim

This letter outlines:

• Your name and address

• Details of the tenancy

• The disrepair issues

• When the landlord was first notified

• The impact on your health, safety, or belongings

• Whether you are seeking compensation

It also gives the landlord 20 working days to respond. This letter is usually written by your solicitor.

2. Landlord Response

The landlord must reply within 20 working days. Their response may include:

• Admission or denial of responsibility

• A schedule of proposed repairs

• Request for further information

• Offer of housing disrepair compensation

If they ignore the letter or provide a poor response, you can proceed to the next step.

3. Expert Inspection (Optional)

If needed, an independent expert (like a surveyor) can inspect the property. This helps assess the seriousness of the disrepair and supports your claim with formal evidence.

At Housing Disrepair Team, we arrange this inspection for our clients as part of the claims process.

4. Alternative Dispute Resolution (ADR)

The protocol encourages parties to consider settling the matter outside court using mediation or negotiation. If this fails, or if the landlord refuses to engage, you can go to court.

5. Issue Court Proceedings (If Necessary)

If no agreement is reached, court proceedings can be issued. You will present your case, including evidence, inspection reports, and the landlord’s failure to act. If successful, the court can order:

• Urgent repairs

• Compensation for housing disrepair

• Repayment of legal costs

Common Issues Covered by the Protocol

You can use the protocol to claim for any significant disrepair, including:

• Damp and mould

• Structural damage

• Faulty heating systems

• Water leaks and plumbing issues

• Broken windows, doors, or locks

• Pest infestations

All of these can have a major impact on your daily life, health, and wellbeing.

How Long Does the Protocol Take?

From sending the letter of claim to a final landlord response, the protocol period usually lasts 20–40 working days. If ADR or inspections are required, this may be longer.

Once the protocol is complete, and if repairs haven’t been made or compensation hasn’t been offered, your solicitor can file a court claim.

Why You Need Expert Help

Navigating the Housing Disrepair Protocol alone can be confusing. At Housing Disrepair Team, our housing disrepair experts manage the entire process for you:

• We draft and send the formal Letter of Claim

• Handle all communication with your landlord

• Arrange expert property inspections

• Gather medical and financial evidence

• Represent you in court if necessary

• Fight for the maximum compensation you’re entitled to

We work on a No Win, No Fee basis, so you only pay if your claim is successful.

Real Case Example

A tenant in London had been living with severe damp and mould for over 18 months. Despite repeated complaints, no repairs were done.

We followed the Housing Disrepair Protocol on their behalf:

• Sent a detailed Letter of Claim

• Arranged a surveyor's inspection

• Collected evidence of health issues and mould damage

• Negotiated a settlement with the landlord

Outcome:

• £6,000 in housing disrepair compensation

• Full repairs completed within 2 weeks

• All legal costs recovered from the landlord

Final Thoughts

The Housing Disrepair Protocol is a crucial step in getting justice for tenants. It provides a formal, fair way to resolve complaints while giving landlords a final chance to take responsibility.

But you don’t have to go through it alone. The Housing Disrepair Team is here to help you understand your rights, follow the proper steps, and win the compensation and repairs you deserve.

If you're ready to make a housing disrepair claim, speak to our housing disrepair solicitors today. Don’t let poor housing affect your health and peace of mind.