Get Justice for Your Living Conditions: Mastering the Pre-Action Protocol for Housing Claims

The Pre-Action Protocol for Housing Disrepair Claims

If you are experiencing housing disrepair issues, you may be considering using a claims management company or solicitor to help you make a claim against your landlord. However, you should be aware that you can make a claim on your own using the Housing Disrepair Protocol.

The Protocol is a set of procedures and guidelines that outlines the steps you need to take to make a claim for disrepair in your home. It is designed to be user-friendly and accessible, and provides detailed instructions and specimen letters that you can use to contact your landlord and initiate the claims process.

By following the Protocol, you can make a claim without having to pay expensive legal fees or commissions to claims management companies. You can also be assured that you are following a recognised and established process for making a claim.

If you need help with the process, you can seek advice from a housing charity or a Citizen's Advice Bureau. They can provide free and impartial advice to help you through the process.

We hope this information is helpful to you and of course you can always contact us for any advice and help regarding the process outlined below. Housing Disrepair Experts have extensive knowledge of this area of law and are happy to help.

What is the Pre-Action Protocol for Housing Disrepair Claims?

The Pre-Action Protocol for Housing Conditions Claims is a set of rules that govern civil claims and counter-claims related to disrepair and human habitation in residential properties across England. It applies to tenants, leaseholders, and their families, regardless of the claims' allocated track, small, multi, or fast. However, it does not apply to counterclaims or set-offs in claims filed as part of other proceedings like rent arrears. To use the protocol, tenants must notify their landlords of the disrepair, after which the protocol's specific procedures and timetables come into effect. Non-compliance can result in management direction or cost orders. The Housing Ombudsman has provided landlords with guidance on the Pre-Action Protocol for Housing Condition Claims.

Negotiation and alternative dispute resolution

According to the Protocol, court litigation should only be considered as a final option. In non-urgent cases, it is recommended that a claim should not be issued while settlement discussions are still ongoing. The court may require both tenants and landlords to present evidence that alternative dispute resolution methods were considered before court proceedings.

As a result, tenants or claimants should explore alternative options to resolve disputes over disrepair, such as :

• Mediation or other forms of alternative dispute resolution
• Landlords' official complaints procedures
• Right to repair scheme

Complaints can also be made to the Ombudsman or the local authority environmental health department.

Letter of claim

The tenant must notify the landlord of their intention to take court action as soon as possible, in addition to previously reporting the disrepair and allowing a reasonable time for the works to be completed.

Although an early notification letter is not mandatory, it may be appropriate for the tenant to send one to the landlord, followed by a detailed letter of claim outlining the case's full details. A specimen letter of claim can be found in Annex A of the Protocol. In cases where the landlord is an individual or small organisation, the tenant should provide a copy of the Protocol to ensure they have access to it.

Landlord's response to letter of claim

Upon receiving the letter of claim, the landlord is expected to respond within 20 working days (two days after the letter's date).

In their response, the landlord should provide contact details for the designated person responsible for communicating with the tenant and their legal representative (if applicable).

Additionally, the landlord should :

• Disclose all relevant documents
• Respond to the tenant's proposals regarding the use of a single joint expert
• Confirm their acceptance of liability
• Outline their proposed remedial action

Failure to respond within the 20-day period or failure to resolve the matter will necessitate court action using standard procedures.

Disrepair inspections

To assess and provide evidence of disrepair, an expert such as a surveyor may need to inspect the property. Both parties must allow reasonable access to the premises.

It is recommended that the parties either provide a single set of instructions to a joint expert, provide separate instructions to a single joint expert, or arrange for separate experts to inspect the property at the same time.

Annex B of the Protocol contains a specimen letter of instruction for an expert. The landlord should arrange for the property to be inspected within 20 working days of receiving the letter of claim.

However, the tenant may request an earlier inspection if the disrepair poses a significant health and safety risk, if they are seeking an interim injunction, or if an urgent inspection is necessary to preserve evidence.

Costs and time limits

If the tenant's claim is successful, the landlord is typically ordered to pay the tenant's legal fees, expert fees, and any loss of earnings. However, legal costs are usually not recoverable in the small claims track. If either party fails to comply with the protocol or behaves inappropriately, the court may reduce the costs awarded or require an explanation.

In civil proceedings, if a defendant rejects a claimant's offer to settle and the court subsequently awards the claimant an amount that is at least as advantageous as the offer, the court can order the defendant to pay an additional amount, not exceeding a prescribed percentage of the awarded amount. The prescribed amounts vary depending on whether the proceedings involve money claims only, both money and non-money claims, or non-money claims only.

In disrepair cases, it may be appropriate to award pre-allocation costs for legal advice if the landlord has not fulfilled certain repair obligations before the claim but takes steps to resolve the issue of disrepair before the case is allocated to a track. This measure ensures that the tenant can recover reasonably incurred costs even if the case ends up in the small claims court, where legal costs are not recoverable.