Q&As

With regards to housing disrepair matters, is the letter of authority/signed authority from the solicitor required together with the letter of claim before the pre-action protocol is engaged?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 08/07/2020

The following Property Disputes Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • With regards to housing disrepair matters, is the letter of authority/signed authority from the solicitor required together with the letter of claim before the pre-action protocol is engaged?

The Pre-Action Protocol for Housing Disrepair was replaced, in February 2020, by the Pre-Action Protocol for Housing Conditions Claims (England) to take account of the implied terms as to fitness for human habitation inserted at section 9A of the Landlord and Tenant Act 1985 by the Homes (Fitness for Human Habitation) Act 2018. The Protocol applies to claims in respect of the condition of residential property in England (Wales has a separate Protocol).

The Protocol sets out the conduct that will normally be expected of potential litigants in respect of a claim arising out of the condition of a residential property before proceedings are started. As with all Pre-Action Protocols, its intention is to facilitate the early exchange of information to facilitate resolution without the need for court proceedings to be issued. A failure to comply with the provisions of the Protocol, if unreasonable, can result in the court orderin

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