What is the Housing Disrepair Protocol?
The housing disrepair protocol refers to the process that should be followed (in England and Wales) if a tenant wants to bring a claim against their landlord for not making repairs, or not carrying out essential maintenance work on their home. The aim of this protocol is to try and resolve these issues as early as possible, avoiding a court case, if at all possible.
As experienced housing disrepair specialists, CEL Solicitors will guide you through the whole process of making a claim, from start to finish. We can handle the paperwork and make sure you are always kept fully informed about your case. The way that the protocol works from a legal point of view is outlined below:
How the Housing Disrepair Claims Procedure Works
The standard housing disrepair protocol usually includes these stages:
- An Early Notification Letter (ENL) – is sent by your solicitors to the landlord, notifying them that a claim is being made
- A letter of claim is then sent to your landlord by your solicitors – which gives full details to the landlord of the defects included in the claim, details of any damages being claimed for, any outstanding defects and any other relevant paperwork and information
- The landlord’s response is sent back – usually required within 20 working days of the letter of claim being received
- Expert inspections of your home are carried out – either a joint independent expert, or an inspection at the same time by an expert representing each party, is arranged to review the house defects and the impact of this on the claimant(s)
- Admission or denial of liability is confirmed by the landlord – within 20 working days of the expert’s report, your landlord will either admit they are at fault or decide to defend the claim
- Both sides arrive at a resolution and costs are decided, or further legal action is taken if the disrepair claim is disputed and remains unresolved
At CEL Solicitors, we can advise you on all of the steps you need to take when making a claim, and when. We take care of handling the paperwork and any communications between you and your landlord.
Will I Have to go to Court for a Housing Disrepair Claim?
Taking a housing disrepair claim to court is rare. Whenever possible, we aim to resolve the issues at an earlier stage, so that tenants get the essential repairs needed sooner and, if applicable, also receive compensation for any health issues and distress that the disrepair problems have caused.