Pre-Action Protocol for Housing Disrepair Cases (Wales)
Pre-Action Protocol for Housing Disrepair Cases (Wales)

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

  • Pre-Action Protocol for Housing Disrepair Cases (Wales)
  • 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 Disrepair Cases (Wales) (the Protocol), in force from 13 January 2020, which applies to residential property situated in Wales. 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.

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

Scope

The Protocol applies to residential property situated in Wales only and relates to claims by tenants and others (such as lessees and members of the tenant’s family) in relation to housing disrepair. It describes the conduct which the court will expect from parties prior to the start of proceedings. From 13 January 2020 separate pre-action protocols apply in respect of residential properties situated in England and Wales respectively. The Protocol was previously the Pre-Action Protocol for Housing Disrepair Cases, which has been revised to apply to properties situated in Wales only. For guidance in relation to the Pre-action Protocol for Housing

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