Pre-action Protocol for Tenants Making Disrepair Claims Against Their Landlord
If you want to make a disrepair claim against your landlord, you should follow the government’s Pre-action Protocol. If you don’t, it may cost you time and money.
A Landlord and Tenant Solicitor can write a letter of claim in a way that will encourage your landlord to settle your claim quickly.
OTS Solicitors specialise in housing disrepair claims for tenants and can help you with your letter of claim.
Housing disrepair claims and the Pre-action Protocol
You need to follow the Pre-action Protocol for Housing Conditions Claims if you are claiming against your landlord, as:
- Your property is not fit for human habitation, or
- Your landlord has not carried out necessary repairs.
A Landlord and Tenant Solicitor can tell you if the Protocol applies to your claim. For example, it won't do so if your landlord is bringing a possession claim or a rent arrears claim and you are counterclaiming for housing disrepair.
Consequences of not following the housing disrepair Protocol
Desperate tenants often want to start their housing disrepair claim without delay. That’s understandable, as most have waited for months or even years for their landlord to complete necessary repairs. Whilst tenants don’t want to delay starting court proceedings, it's best to do so if failure to comply with the Protocol may lead the court to consider how to manage the court application and whether to make a costs order. Put bluntly, you don’t want to win compensation for a housing disrepair only to be told by the court that you must pay some of your landlord’s legal costs because you didn’t realise the importance of following the Protocol.
Housing Disrepair Claims Solicitors in London can advise you on whether your repair is sufficiently urgent to start court proceedings without fully complying with the Protocol, and on how to get the best results quickly.
Steps before starting a housing disrepair claim
Tenants normally need to take these ten steps before starting a housing disrepair claim:
- Notify the landlord in writing that there are repair issues.
- Give the landlord a reasonable time to inspect the problem and arrange tradespersons.
- Allow the tradespersons access to the property.
- Depending on the urgency of the repair and the extent of the delay, remind the landlord or the letting agent that the repair is outstanding.
- Consult a Housing Disrepair Claim Lawyer who can advise on whether you have a fit for human habitation claim or a housing disrepair claim, as the two types of tenant claims are different.
- Consider alternative dispute resolution options as an alternative to court proceedings.
- Send a letter of claim.
- Review the landlord’s response to the letter of claim – the response should be received within 20 working days of the letter of claim. If the landlord has not responded within the time limit, then start the housing disrepair claim.
- If the landlord responds, instruct a disrepair surveyor or expert to assess the claim and use their report to help you settle your claim.
- If you cannot reach an agreement after following the Protocol, then begin the court claim.
Every tenant’s situation is different, so you need to carefully consider how closely you need to follow the Protocol. For example, it may not be necessary to do so if the housing repairs are urgent, the property is unsafe to live in, and the landlord refuses to discuss remedies or provide you with temporary alternative accommodation.
The contents of a letter before claim
Tenant Solicitors understand landlord law and tenant rights and will prepare a letter before claim that highlights:
- What the landlord has failed to do.
- How the landlord has breached the housing law or regulations.
- How the disrepair is affecting you and your family.
- What you want the landlord to do to remedy the problems.
- The timeframe you need the landlord to act by.
Outlining the consequences of your landlord ignoring your Housing Disrepair Claim Lawyer’s letter before claim can result in a landlord seeing sense and acting quickly to sort out the repair to avoid the expense of them instructing Landlord Solicitors and risking the court making disrepair orders, compensation orders and cost orders.
Talk to the Housing Disrepair Lawyers at OTS Solicitors
Our team of Landlord and Tenant Solicitors specialise in disrepair claims and will quickly advise you about your rights as a tenant, your landlord’s obligations and the steps that we can take on your behalf.
Many landlords are wary of court proceedings. Therefore, a well-prepared letter before claim from Letter Before Action Solicitors in London setting out your case will often result in repairs being undertaken and a landlord who is less likely to ignore your future requests for reasonable repairs.
If you are concerned that your landlord may engage in landlord harassment or attempt to gain possession through a revenge eviction, our lawyers can advise you on the legislation that protects you and your rights.
Appointments are available at our offices in central London, by phone, and online.
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