How to Claim Against a Landlord or Council
The step-by-step process for making a housing-disrepair claim — and why it usually costs you nothing.
Making a disrepair claim sounds daunting, but the process is more straightforward than people expect, and most claims are run on a no-win, no-fee basis so it doesn't cost you up front. It starts with reporting the problem to your landlord (in writing if you can), then an independent expert inspects the property, your solicitor sets out the claim, and in most cases the landlord settles — agreeing to the repairs and paying compensation — without you ever stepping inside a courtroom.
Reviewed by Sannah Khatoon, Litigation & Housing Disrepair Solicitor · SRA #654258 · Admitted 2018
Almost every housing-conditions claim in England follows the Pre-Action Protocol for Housing Conditions Claims — the set of steps the courts expect both sides to take before any case is issued. Getting those steps right is what makes claims settle quickly, so it's worth understanding the shape of the process.
Step one is reporting the disrepair to your landlord, ideally in writing, and giving them a reasonable chance to inspect and repair. Keep copies of everything and take dated photographs. If the landlord doesn't put it right, step two is instructing a solicitor, who sends a formal 'letter of claim' and arranges an independent survey of your home. The landlord then has a set period under the protocol to respond and disclose their repair records.
In most cases the landlord agrees to carry out the repairs and pay compensation at this stage, and the claim settles without court proceedings. Where a landlord still refuses, your solicitor can issue a claim, and a court can order the repairs to be done as well as award compensation. Your legal duties come from section 11 of the Landlord and Tenant Act 1985 and the fitness standard in the Homes (Fitness for Human Habitation) Act 2018.
Timing matters: the Limitation Act 1980 generally allows six years for the disrepair and three years for personal injury, and evidence is always strongest while the problem is live. Because most claims run under a Conditional Fee Agreement (no win, no fee), often with After the Event insurance, getting started usually costs nothing up front.
How we can help
- Reporting disrepair to your landlord the right way
- Independent expert inspection of your home
- No-win, no-fee — usually nothing to pay up front
- Most claims settle without a court hearing
These claims are run on a no-win, no-fee basis by SRA-regulated solicitors, so in suitable cases it costs you nothing up front to find out where you stand. Start your claim using the form and a regulated solicitor will review your situation. We connect you with a regulated firm — we are not a firm of solicitors ourselves.
Frequently asked questions
How do I start a housing disrepair claim?
Report the problem to your landlord in writing, take dated photographs, and give them a reasonable chance to inspect and repair. If nothing happens, a solicitor sends a formal letter of claim and arranges an independent survey — the steps set out in the Pre-Action Protocol for Housing Conditions Claims. Most claims settle from there without going to court.
Can I claim against the council or a housing association?
Yes. Councils and housing associations have the same repairing duties as private landlords under section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018. A large share of disrepair claims are against social landlords, and GOV.UK sets out how to request repairs if you rent from the council.
Do I need an independent survey?
Usually, yes. The Pre-Action Protocol for Housing Conditions Claims expects a suitably qualified expert to inspect the property and report on the defects and the repairs needed. That independent evidence is what values the claim and is often what persuades a landlord to settle.
How long do I have to bring a claim?
Under the Limitation Act 1980 you generally have up to six years for the disrepair and three years for any personal injury. Evidence is strongest while the problem is live, so early advice both protects the deadline and strengthens the claim.
Will I have to go to court?
Usually not. The large majority of disrepair claims settle once the claim is properly evidenced and put to the landlord under the protocol. If a case does need a hearing, your solicitor handles it for you.
Why does it usually cost nothing up front?
Because most claims run under a Conditional Fee Agreement (no win, no fee), commonly with After the Event insurance that covers the other side's costs if the claim fails. In suitable cases that means nothing to pay up front and nothing to pay if you lose. Your solicitor explains the funding in full before starting.
Sources & further reading
- Pre-Action Protocol for Housing Conditions Claims (England) — Justice UK ↗
- Landlord and Tenant Act 1985, s.11 (repairing obligations) — legislation.gov.uk ↗
- Limitation Act 1980 (time limits) — legislation.gov.uk ↗
- Repairs if you rent from the council — GOV.UK ↗
This page is general legal information, not legal advice. Every housing-disrepair case turns on its own facts — speak to a solicitor about your situation. UK Housing Disrepair Solicitors is a connector service: we put tenants in touch with SRA-regulated solicitors, and we are not a firm of solicitors ourselves.