Pre-action Protocol: housing disrepair—documents and timetable
Pre-action Protocol: housing disrepair—documents and timetable

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

  • Pre-action Protocol: housing disrepair—documents and timetable
  • Requirement to comply with timetable
  • Early notification of the claim
  • Letter of claim
  • Landlord's response
  • Experts

The Pre-action Protocol for Housing Disrepair Cases (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. For further details, see Practice Note: Pre-action protocol: housing disrepair—aims and scope.

Requirement to comply with timetable

Parties must ensure that they comply with the timetable set out in the Protocol. Para 9(a) of the Protocol states that the time limits are long stops, that every attempt should be made to comply with these time limits and that, if early compliance is possible, this should be done. Although para 9(b) states that the timescales can be changed by agreement, the court may require an explanation as to why the Protocol has not been followed or has been varied and breaches of the Protocol may lead to costs or other orders being made by the courts.

Early notification of the claim

Para 1.1 of the Protocol indicates that before using it, tenants should ensure that their landlord is aware of the disrepair. This is then reinforced by para 5.1, which provides that it may be appropriate for the tenant to notify the