Before a housing disrepair case goes to court in England and Wales, both parties are expected to follow a specific process known as the Pre-Action Protocol for Housing Conditions Claims. If you're a tenant who has been living with disrepair issues, or a solicitor advising one, understanding this protocol is absolutely essential.
At Disrepair Claim Surveyors, we have helped hundreds of tenants, solicitors and landlords navigate the pre-action protocol. In this guide, we'll walk you through every step — from the initial letter of claim to the expert inspection — and explain exactly where and how our housing disrepair surveys fit in.
What Is the Pre-Action Protocol for Housing Conditions Claims?
The pre-action protocol is a set of procedural steps that must be followed before a claimant (usually a tenant) issues court proceedings for housing disrepair. It was introduced to encourage early resolution of disputes without the need for litigation — saving time, money and court resources.
The protocol applies to claims arising from:
- Breaches of the Landlord and Tenant Act 1985 (particularly Section 11)
- Breaches of the Homes (Fitness for Human Habitation) Act 2018
- Claims under the Environmental Protection Act 1990
- Common law duty of care claims relating to the condition of rented properties
Step-by-Step: How the Protocol Works
Step 1: Initial Notification to the Landlord
Before any formal protocol steps are taken, the tenant must have already notified the landlord of the disrepair issues and given them a reasonable opportunity to carry out repairs. This should be done in writing and all correspondence kept safely.
Step 2: The Letter of Claim
Once a solicitor is instructed, they will send the landlord a letter of claim. This is a formal letter that must contain:
- The address of the property
- Details of the disrepair issues
- Details of any personal injury, damage to belongings or other losses suffered
- Confirmation that the tenant wants an inspection to take place
- A request for all relevant documentation from the landlord
The landlord must acknowledge the letter within 20 working days and confirm whether they agree to a joint inspection.
Step 3: The Expert Inspection
This is where Disrepair Claim Surveyors plays a central role. The protocol requires a surveyor to carry out a professional inspection of the property. In many cases, this will be a single joint expert appointed by both parties — someone who is completely impartial and reports to the court, not to either side.
Our surveyors carry out protocol inspections across the UK. We inspect every part of the property, document all areas of disrepair with photographic evidence and produce a comprehensive report that meets the protocol requirements.
Step 4: The Expert Report
Following the inspection, the surveyor produces a report. This report is crucial — it forms the expert evidence base for the claim. Our reports comply with:
- The requirements of the Protocol for Housing Conditions Claims
- Part 35 of the Civil Procedure Rules
- Practice Direction 35
- RICS guidelines for expert witnesses
Step 5: The Schedule of Disrepair
Once the report is produced, the claimant's solicitor prepares a schedule of disrepair — a detailed list of all the defects identified, the works required to remedy them, and the estimated cost. This schedule is sent to the landlord together with a schedule of special damages (any financial losses the tenant has suffered).
Step 6: Negotiation and Resolution
After the schedule of disrepair is served, there is a negotiation period. Many cases settle at this stage — the landlord agrees to carry out the necessary repairs and pay the tenant's damages and legal costs without going to court.
Step 7: If No Settlement Is Reached
If the landlord refuses to engage or the parties cannot agree, the claimant can issue court proceedings. The expert report and schedule of disrepair form the core of the evidence presented to the court.
"The pre-action protocol is not a box-ticking exercise. It's a genuine opportunity to resolve disputes quickly and fairly, without costly litigation. A strong expert report at this stage can make all the difference." — Disrepair Claim Surveyors
Common Mistakes to Avoid
- Not notifying the landlord in writing first: Verbal notifications are difficult to prove. Always report disrepair in writing and keep a copy.
- Not instructing an accredited surveyor: An unaccredited or inexperienced surveyor's report carries little weight in legal proceedings.
- Missing protocol timescales: The protocol has strict timeframes. Missing them can result in costs penalties.
- Accepting repairs that don't fully address the problem: Make sure all disrepair issues identified in the survey report have been properly addressed before settling.
How Disrepair Claim Surveyors Can Help
We work with solicitors and tenants throughout the pre-action protocol process. Our pre-action protocol reports are specifically designed to meet the protocol's requirements and provide the strongest possible evidential base for your claim. We also act as single joint experts where both parties agree to a joint inspection.