No Win No Fee Housing Disrepair Claims: How It Works

A no win no fee housing disrepair claim, formally known as a conditional fee agreement, means you only pay your solicitor’s fees if your claim succeeds. If the claim is unsuccessful, you typically owe nothing for the legal work carried out, and any risk is largely absorbed by the solicitor rather than the claimant.

What Does “No Win No Fee” Actually Mean?

A no win no fee arrangement is properly called a conditional fee agreement, or CFA. It is a contract between you and your solicitor that sets out how and when fees become payable.

Under a CFA:

• If your claim is unsuccessful, you do not pay your solicitor’s basic fees for the work they have done.
• If your claim succeeds, your solicitor recovers their fees, usually from the compensation awarded and, in some cases, partly from the losing party.
• The agreement may include a success fee, an additional percentage your solicitor can charge if the claim succeeds, to reflect the financial risk they took on by not being paid for unsuccessful cases.

This is different from “free legal advice.” A CFA is a funding mechanism, not a guarantee that legal work costs nothing in every circumstance. Most reputable housing disrepair solicitors will explain precisely what you would and would not be liable for before you sign anything.

How Does a Conditional Fee Agreement Work in Practice?

When you instruct a housing disrepair solicitor on a no win no fee basis, the agreement typically covers several key elements.

The Success Fee

If your claim succeeds, your solicitor may charge a success fee on top of their normal costs. This is usually expressed as a percentage of their base fees, capped by law in many types of claim. The exact percentage will be set out clearly in your CFA before you commit, and a properly regulated solicitor will not spring this on you after the event.

What Happens If You Lose

If a claim is unsuccessful, the central protection of a CFA is that you are not required to pay your own solicitor’s fees for the time they spent on your case. However, “no win no fee” does not automatically mean “no risk at all.” Depending on the agreement and the type of insurance in place, you may still need to consider:

• The other side’s legal costs, in some circumstances, although housing disrepair claims following the pre-action protocol rarely reach a stage where this becomes a significant issue if handled properly.
• Disbursements, such as the cost of instructing a surveyor to inspect the property, which may or may not be covered depending on the terms of your agreement.

After the Event Insurance

Many housing disrepair claims are supported by after the event insurance, known as ATE insurance. This is a policy taken out after a dispute has arisen, designed to cover costs such as the other side’s legal fees or disbursements if the claim is unsuccessful. Whether ATE insurance is required, and who pays the premium, depends on the specifics of your case and your solicitor’s funding arrangements. Ask your solicitor directly whether ATE insurance forms part of your agreement and what it covers.

Why Do Housing Disrepair Solicitors Offer No Win No Fee Arrangements?

Housing disrepair claims against councils and housing associations involve organisations with established legal teams and dedicated processes for managing repair disputes. A no win no fee model exists, in large part, because it allows tenants to pursue legitimate claims without facing an upfront financial barrier.

This matters particularly in housing disrepair cases because:

• Many tenants affected by long-term disrepair, such as persistent damp, mould, or structural defects, are already managing the practical and financial strain those conditions cause.
• Claims under the Defective Premises Act 1972 and Section 11 of the Landlord and Tenant Act 1985 can take months to resolve, and tenants should not have to fund that process from their own pocket while it proceeds.
• It aligns the solicitor’s incentives with the client’s. A solicitor working on a CFA only recovers their fees if the claim is successful, so there is a direct interest in pursuing claims that have genuine merit rather than taking on cases indiscriminately.

What Costs Might Still Apply?

Even under a no win no fee agreement, it is worth understanding what costs could arise, rather than assuming the process carries zero financial exposure in every scenario.

1. Success fee deduction. If you win, a percentage of your compensation may go towards the success fee, as agreed in your CFA.
2. Disbursements. Costs such as expert surveyor reports or court fees, where applicable, may be deducted from compensation or covered by insurance depending on your agreement.
3. Cancelling the agreement. If you terminate your agreement with your solicitor partway through, particularly without good reason, you may become liable for costs incurred up to that point. This varies by firm and by the specific terms of the CFA you sign.

A reputable housing disrepair solicitor will set all of this out clearly in writing before you commit, and you should never feel pressured to sign an agreement you have not had time to read properly.

How Does This Apply Specifically to Housing Disrepair Claims?

Housing disrepair claims follow the Housing Conditions Pre-Action Protocol, a structured process intended to resolve disputes between tenants and landlords, including councils and housing associations, without unnecessary delay or cost. In broad terms, this involves:

1. A letter of claim is sent to the landlord, detailing the disrepair and its impact.
2. The landlord responds, usually within 20 working days, addressing liability and disclosing relevant repair records.
3. An inspection, often by a single joint expert surveyor, assesses the property and the required works.
4. Negotiation takes place based on the surveyor’s findings and the evidence of impact on the tenant.
5. Court proceedings are only considered if the protocol process does not lead to a resolution.

Because most housing disrepair claims are resolved through this protocol rather than at trial, the costs risk for tenants instructing a solicitor on a no win no fee basis is generally lower than in claims that are more likely to be contested in court. You can read more about this process in our pre-action protocol explainer.

What Determines Whether a Housing Disrepair Claim Has Merit?

Not every report of disrepair will meet the legal threshold for a claim, and a solicitor working on a no win no fee basis will assess this before taking on your case. Generally, a claim is more likely to have merit where:

• The landlord, whether a council or housing association, had an obligation to repair the defect under Section 11 of the Landlord and Tenant Act 1985.
• The landlord was given reasonable notice of the issue, whether by phone, email, letter, or online portal, and had a reasonable opportunity to fix it.
• The landlord failed to carry out repairs within a reasonable period given the severity of the issue.
• There is supporting evidence, such as photographs, repair logs, or medical evidence where the disrepair affected your health.

Where a defect has caused personal injury or damage to belongings, a claim may also be supported under Section 4 of the Defective Premises Act 1972, which imposes a duty of care on landlords who knew, or ought to have known, of a defect they were responsible for fixing.

What Compensation Might Be Available?

Compensation in a successful housing disrepair claim will depend on the severity and duration of the disrepair, the impact on you and your household, and the strength of the evidence gathered. It generally falls into two categories:

• General damages, for loss of enjoyment of the property over the period the disrepair persisted.
• Special damages, covering quantifiable losses such as damaged belongings, increased heating costs, or alternative accommodation expenses.

There is no fixed figure for housing disrepair compensation, and any solicitor offering a guaranteed amount before reviewing the specifics of your case should be treated with caution.

How to Start a No Win No Fee Housing Disrepair Claim

If you believe you have grounds for a claim and want to proceed on a no win no fee basis:

1. Gather your evidence, including photographs, written reports to your landlord, and any responses you received.
2. Request an initial assessment from a solicitor who specialises in housing disrepair, most of whom offer this without charge or obligation.
3. Review the CFA carefully before signing, including the success fee percentage and any circumstances in which you could be liable for costs.
4. Ask about ATE insurance if it applies to your case, and clarify exactly what it covers.
5. Proceed with your solicitor through the pre-action protocol, keeping records of all correspondence as the claim develops.

You can find out more about the housing disrepair claims process generally on our housing disrepair claims page, and our guide to housing repair breach claims explains the specific circumstances in which a breach of repairing obligations gives rise to a claim.

Speak to Us

At Satchell Moran Solicitors, we act for housing disrepair claimants on a no win no fee basis, with dual Lexcel accreditation and specialist experience handling claims against councils and housing associations across England and Wales. We are clear about what our funding arrangement involves from the outset, with no hidden costs and no obligation to proceed after your initial enquiry. Get in touch today to find out whether you have grounds for a claim.