Pre-action Protocol: housing disrepair—aims and scope
Pre-action Protocol: housing disrepair—aims and scope

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

  • Pre-action Protocol: housing disrepair—aims and scope
  • 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 scope of and aims of the Pre-action Protocol for Housing Disrepair Cases (the Protocol), and the consequences of a failure to comply with the Protocol. It also looks at the requirement for the parties to consider alternative dispute resolution (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.

Also see Practice Note: Pre-action protocol: housing disrepair—documents and timetable.

Scope

The Protocol applies to residential property situated in England and Wales 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.

The Protocol applies to:

  1. all civil claims arising from the condition of residential property and may include a related personal injury claim. It does not apply to disrepair claims which originate as counterclaims or set-offs in other proceedings

  2. claims brought under (but not limited to) section