Taking your landlord to court for repairs

Before court: the routes to try first

Courts expect you to have given the landlord a fair chance, and these routes are free:

• Report the problem in writing and keep a copy. See reporting repairs.
• Use the landlord’s formal complaints procedure.
• Social tenants can then take the complaint to the Housing Ombudsman free of charge.
• Ask the council’s environmental health team to inspect, where the problem is serious. See environmental health inspections.

None of these stops you going to court later, and a record of using them strengthens a claim.

When a court claim is possible

A housing conditions claim generally needs three things:

• A repair the landlord is legally responsible for — usually the structure, exterior or installations. See what repairs is my landlord responsible for?
• The landlord knew about it — normally because you reported it.
• It was not put right within a reasonable time. See how long a landlord has to make repairs.

There are time limits for bringing a claim, so do not leave it for years. See housing disrepair time limits.

What a court can order

• An order that the landlord carries out the repairs, usually by a set date.
• Compensation for the period the home was in disrepair, and for damage to your belongings.
• An order about legal costs, depending on the type of case.

For many tenants the repair order is the point. Cases often settle with the landlord agreeing a schedule of works.

The steps, in order

• Gather your evidence: your reports, the landlord’s replies, dated photos, and a timeline. Our repair chronology builder helps.
• Send a Letter of Claim under the Pre-Action Protocol, setting out the defects, when you reported them and what you want done.
• The landlord must respond within 20 working days of receiving it, including its records about your home.
• Where needed, a surveyor inspects the home — often a single expert both sides agree on.
• The landlord responds to the report, saying what it admits and what work it will do.
• If the matter does not settle, a claim can be issued in the county court.

If the landlord does not respond to a Letter of Claim within 20 working days, that is a breach of the Protocol and you can issue proceedings. Urgent cases do not have to wait — where there is a serious risk to health or safety, a court can be asked to act quickly.

Doing it yourself, or with help

Some tenants bring claims themselves; many use a solicitor. Free advice is available from Shelter, Citizens Advice and Civil Legal Advice, and legal aid can be available for some housing cases involving a serious risk to health or safety. Court fees and the risk of paying the other side’s costs vary with the type and size of the claim, so get advice before issuing.