What the Protocol is for.
The Protocol exists to encourage early settlement of disrepair claims without the need for court proceedings. It sets out the steps both tenant and landlord must take before a claim is issued, so that both parties have the information they need to settle the case early.
Courts take the Protocol seriously. A party that fails to follow it can face costs sanctions even if they ultimately win the case.
Step-by-step what happens.
1. Early notification (optional)
If the tenant's circumstances make court proceedings urgent (for example, the property is uninhabitable), the tenant can send an Early Notification Letter first. This alerts the landlord to the issues and requests immediate action. It's less formal than the full Letter of Claim.
2. Letter of Claim
The formal Letter of Claim is the heart of the Protocol. It must:
- Identify the tenant, the property and the landlord
- Describe the disrepair and the history of complaints
- Set out the legal basis of the claim (Section 11 Landlord and Tenant Act 1985, Homes (Fitness for Human Habitation) Act 2018, etc.)
- Request a schedule of works, a timetable, and disclosure of the landlord's repair records
- Propose an expert surveyor — either a single joint expert or one of the tenant's choosing
3. Landlord's response
The landlord has 20 working days to respond to the Letter of Claim. Their response should:
- Set out their position on each issue
- Disclose relevant repair records (this is mandatory)
- Confirm whether they will accept a single joint expert or propose their own
- Set out any defences they intend to rely on
4. Expert inspection and report
A surveyor (often a single joint expert) inspects the property, usually within a few weeks of the Letter of Claim. The surveyor's report identifies the disrepair, the likely cause, the works needed and the likely cost. This report is the main piece of expert evidence in the case.
5. Further negotiations
With the surveyor's report and the disclosed repair records on the table, both sides are in a position to negotiate a settlement. The Protocol encourages mediation and alternative dispute resolution. Most cases settle at this stage.
6. Court proceedings (if necessary)
If no settlement can be reached, the tenant can issue court proceedings. The court expects the Protocol to have been followed and will want to see that both sides tried to settle.
Why following the Protocol matters.
- It forces landlords to engage with the complaint formally
- It produces the expert evidence needed to prove the case
- It secures the landlord's repair records as disclosure
- It creates pressure to settle without court proceedings
- It protects the tenant from cost sanctions at trial
What goes wrong when the Protocol isn't followed.
We see cases brought by unregulated claims management companies where the Letter of Claim is poorly drafted, where no surveyor is instructed, or where the landlord's repair records are never requested. These cases often collapse or settle for a fraction of what they should have been worth.
Because we follow the Protocol properly — and because we have solicitors on every file — our clients' cases are built to survive any scrutiny the court applies.