What Is the Pre-Action Protocol for Housing Condition Claims?

The pre-action protocol is the steps that tenants and landlords in England and Wales are expected to follow prior to starting a housing disrepair claim. Property disrepair claims are raised due to poor housing conditions that result in illness, financial issues, and inhabitable properties. 

The pre-action protocol’s aim is to encourage early communication, pro-active inspections, and open negotiation so that repairs are made and compensation is agreed without the need for court proceedings. You can explore the UK’s pre-action protocol on the Ministry of Justice’s site, as well as the pre-action protocol for housing disrepair in Wales. 

Satchell Moran makes the pre-action protocol process straightforward. Our expert housing disrepair lawyers support tenants living in poor conditions to secure the compensation they deserve.

Key takeaways

• The pre-action protocol lays out steps tenants and landlords must follow before a housing disrepair claim to encourage repairs and settlement.
• Key steps include informing the landlord, issuing a formal letter of claim, the landlord’s response within 20 working days, expert inspections and negotiations.
• Landlords must clearly outline what disrepair they admit or deny, propose repair timelines and permit access for inspections.
• UK courts expect compliance and may penalise unreasonable behaviour with costs orders or limits on compensation.
• Abiding by the protocol properly increases chances of resolving issues without court proceedings, and protects you if proceedings become needed.
• Instructing an expert housing disrepair solicitor, such as Satchell Moran, will help you ensure you take the right steps, avoid penalties, and receive compensation.

Table of contents

• Key takeaways
• What does the pre-action protocol involve?
• How landlords should respond to a pre action protocol letter
• Instructing an expert for pre-action protocol inspections
• Are there consequences for not following the pre-action protocol?
• Contact Satchell Moran

What does the pre-action protocol involve?

The pre-action protocol stages for housing conditions are typically as follows:

• Notify your landlord of the problems

You must clearly report the problems to your landlord, preferably in writing, and give them a reasonable opportunity to make repairs.

• Send a formal letter of claim

If they do not make adequate repairs, you should write a formal letter of claim. You should include your property’s address, the disrepair you are facing, when the issues started, how and when you reported the issues, how the disrepair has affected you, and what resolution you want (repairs or HDR compensation).

• Landlord’s written response

Your landlord should respond within the required timeframe, admitting to or denying your claims, highlighting issues they may have faced when trying to make fixes, such as lack of notice or access, and proposing a timeline for repairing property issues they have acknowledged.

• Inspection and evidence

If needed, an inspection is scheduled, typically by a surveyor, and an expert report is prepared recognising the housing disrepair and recommended fixes. Find out more about the housing disrepair process and considerations with Satchell Moran.

• Negotiation and settlement discussions

Next, both sides would negotiate and try to resolve the dispute by agreement. Negotiations can include expert consideration of complaints, ombudsman schemes, or mediation. Court proceedings would be a last resort.

• Issuing court proceedings 

If the dispute cannot be settled and repairs or compensation are still not confirmed, court proceedings may be issued. The court will assess whether each party has followed the protocol when finalising outcomes and costs.

Satchell Moran’s housing disrepair solicitors can assist with the pre-action protocol. We have years of experience helping tenants claim compensation for property disrepair. Get in touch with our experts today or learn more about housing disrepair.

How landlords should respond to a pre-action protocol letter

In response to a pre‑action protocol letter, landlords must reply promptly, clearly, and provide supporting evidence. Landlords have 20 working days to respond to a pre-action protocol letter. Usually, courts will assume landlords received the letter two days after its date.

Landlords will then gather key documents, as the tenant should also, such as the tenancy agreement, repair documentation, emails, texts, and any photos or reports. It is also likely that the landlord will acquire legal support; another reason why, as a tenant, obtaining your own solicitor is recommended. 

The written response from your landlord should acknowledge your initial pre-action protocol letter, address every allegation, state what they accept and what they deny with explanations, correct facts they deem as errors, and confirm what repairs have been done or are planned, including timescales. 

Where possible, they should make practical proposals to sort the disrepair or finalise compensation. 

If you have received a pre action protocol response from your landlord that you do not believe is factual or appropriate, our dedicated HDR solicitors can help. We can also assist with housing repair breach claims if your landlord fails to complete repairs they previously agreed to do.

Instructing an expert for pre-action protocol inspections

The pre-action protocol contains in-depth steps for instructing an expert.

It suggests that you and your landlord should, if possible, agree on instructing the same expert. However, you are permitted to instruct your own expert if the issues are urgent. For example, you may need a quick assessment if there are health and safety risks, such as dampness and mould. 

If you cannot agree on the same expert, you and your landlord should arrange a joint inspection by experts for each of you.

You should confirm timelines, payment, and inclusions in the report prior to the expert’s visit. If you choose to share an expert with your landlord, you will each pay half the fee. Here at Satchell Moran, we can assist you in finding a qualified expert, such as a surveyor..

The inspection should be arranged after the 20‑working‑day period following your letter of claim and carried out within 20 working days of the landlord’s response.

Are there consequences for not following the pre-action protocol?

Courts do expect tenants, landlords and councils to follow the pre-action protocol and may incur consequences for non-compliance. 

Consequences typically include fines, where the non-compliant party must pay some, or even all, of the other side’s legal fees. Additionally, for disregarding the protocol, you may receive reduced or disallowed costs even if you win the case.

Compliance helps avoid any fines or penalties by showing the court you’ve acted reasonably. Our housing disrepair solicitors can assist with ensuring you follow the right procedure and do not face any consequences. We can also highlight to the court where your landlord may have disregarded the correct protocol.

Contact Satchell Moran

Satchell Moran’s dedicated housing disrepair lawyers can help you understand and follow the pre-action protocol correctly.

To get started with a housing disrepair claim, you can contact us for a free, no-obligation consultation.