Pre-Action Protocol for Housing Disrepair Cases

Disrepair

In his final Access to Justice report in 1996, Lord Woolf recommended the introduction of a Pre-action Protocol for Housing Disrepair Cases.
The Protocol came into force on 8th December 2003, and is intended to provide a clear framework for efficient resolution of the issues and to encourage the parties to a dispute over disrepair to communicate information at an early stage.

The Protocol covers claims in England and Wales, and is intended to be straightforward in order to make the Protocol accessible to everyone, including those representing themselves. It is hoped that use of the Protocol will prevent unnecessary litigation, as landlords and tenants have a common interest in maintaining the condition of the property and are generally both keen for disputes to be resolved without court action. Introduction of the Protocol aims to avoid unnecessary litigation, speed up the carrying out of any repairs which are the landlord's responsibility and the payment of any compensation due to tenants, and to keep the costs of resolving disputes low.

 

Tenants should ensure that their landlord is aware of the disrepair before using the Protocol, and should consider whether other options for having repairs carried out and/or obtaining compensation are more appropriate. The parties will be expected to have complied with the Protocol if a claim is taken to court, and if failure to comply is unreasonable the court has power to impose sanctions or order the parties to pay costs.



Ministry of Justice, Pre-action Protocol prepared by the Housing Disrepair Protocol Working Party