Pre-Action Protocol for Housing Condition Cases (England)
Pre-Action Protocol for Housing Condition Cases (England)

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Pre-Action Protocol for Housing Condition Cases (England)
  • Scope
  • Aims
  • Alternative dispute resolution
  • Tenant's letter of claim
  • Landlord's response
  • Experts
  • Access
  • Taking stock
  • Time limits
  • More...

This Practice Note sets out the aims of the Pre-action Protocol for Housing Condition Cases (England) (the Protocol), in force from 13 January 2020, which applies to residential property situated in England only. It looks at the scope of the protocol and the potential consequences of failure to comply, the requirement for the parties to consider ADR, the content of the tenant’s letter of claim and the landlord’s response, the instruction of experts, costs, limitation, and the requirement for tenants to allow reasonable access to the property for inspection and repair. The Protocol was previously the Pre-Action Protocol for Housing Disrepair Cases, which has been revised to take into account claims based on a landlord’s implied covenants regarding fitness for human habitation set out in section 9A of the Landlord and Tenant Act 1985 (as amended by section 1 of the Homes (Fitness for Human Habitation) Act 2018).

Before using the Protocol, the tenant should ensure that its landlord is aware of the poor housing conditions complained of, as the Protocol is intended for use where the matter remains unresolved, despite the landlord’s knowledge of the conditions.

Scope

The Protocol applies to residential property situated in England only and relates to claims by tenants and others (such as lessees and members of the tenant’s family) in relation to poor housing conditions. It describes the conduct which the

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