What is the Housing Disrepair Pre-Action Protocol?
The Housing Disrepair Pre-Action Protocol (HDPAP) is a mandatory pre-litigation procedure that governs how landlord-tenant disrepair disputes must be managed before a tenant can issue court proceedings for housing disrepair. The Protocol applies to all residential tenancies in England and Wales. It sets out the steps that both the tenant and the landlord must take before proceedings can be issued, and courts will scrutinise compliance with the Protocol at the outset of any claim.
The Protocol applies where a tenant believes that a landlord has failed to carry out repairs the landlord is obliged to make under the tenancy agreement or statute (primarily Section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018). It does not apply to emergency repair situations, urgent works that the tenant needs addressed immediately, or repairs that are the tenant's own responsibility.
Receiving a Housing Disrepair Letter of Claim from a tenant or their solicitor is not a county court claim. It is a pre-action notice that gives you an opportunity to remedy the disrepair and resolve the dispute before litigation. Responding correctly and promptly is both legally required and almost always the cheapest possible outcome.
The tenant's Letter of Claim: what it must contain
- A description of the defects or disrepair alleged: e.g. damp penetration in bedroom ceiling, broken boiler, failed window seals
- The date the landlord (or their agent) was first notified of each defect
- The landlord's response (or lack of response) to each notification
- A statement of the loss or damage the tenant has suffered as a result of the disrepair
- A request for access for an inspection by the tenant's expert, if the tenant is commissioning one
- A schedule of information and documents the tenant requests disclosure of, including the tenancy agreement, any repair records, and correspondence about the reported defects
The landlord's obligations on receipt of the Letter of Claim
- Acknowledge within 20 working days: Send a written acknowledgment confirming receipt and confirming whether you will carry out an inspection. Do not ignore the letter, failure to acknowledge is itself a Protocol breach
- Provide access for inspection: If the tenant's letter requests access for their expert to inspect, you must allow this within a reasonable timeframe. You can also commission your own independent inspection at the same visit or separately
- Full response within 20 working days of inspection: Set out clearly which defects you accept as your responsibility, which you dispute and why, and your proposed timescale for carrying out accepted repairs
- Disclose requested documents: Provide copies of the requested documents; tenancy agreement, repair records, correspondence, within 20 working days of acknowledgment
- Carry out accepted repairs promptly: Once you have accepted that a defect exists and is your responsibility, carry out the repair within the timescale you have proposed in your response to the Letter of Claim
What happens if you fail to comply with the Protocol?
A court will scrutinise whether both parties have complied with the Pre-Action Protocol before the tenant issued proceedings. If you have failed to comply; by not acknowledging the Letter of Claim, not providing access for inspection, not responding within the required timeframes, or not carrying out accepted repairs within the proposed timescale, the court may:
- Order that you pay the tenant's costs on an indemnity basis, a more generous measure than the standard basis that increases your costs exposure significantly
- Grant an interim injunction requiring you to carry out repairs immediately, potentially on an emergency basis
- Take your non-compliance into account when assessing damages, potentially increasing the award for inconvenience and loss of amenity
- Under Awaab's Law (PRS extension, date to be confirmed by secondary legislation), impose civil penalties for failure to investigate and begin remedying reported health hazards within the prescribed timeframes
Defending a disrepair claim: what evidence you need
- Repair request records: written records of every repair request received, the date received, the nature of the reported defect, and the action taken in response
- Inspection reports: records of every inspection of the property, including the date, who inspected, what was found, and what action was recommended
- Contractor invoices and completion evidence: invoices for repair work, photos before and after repair, and written confirmation of completion from contractors
- Tenant notification records: copies of any notices served on the tenant regarding access for inspection or repair, and evidence that access was provided when requested
- Pre-tenancy condition evidence: a signed inventory and condition report (with photos) at the start of the tenancy, showing the condition the property was in when the tenant moved in, is essential to defend claims that disrepair existed from the outset
- Response to the tenant's notifications: copies of all correspondence with the tenant about repair requests, including any explanations for delay if repairs were not carried out immediately
The Renters' Rights Act 2025 and Awaab's Law: interaction with disrepair claims
The Renters' Rights Act 2025 is expected to extend Awaab's Law to the private rented sector, date to be confirmed by secondary legislation. When in force, Awaab's Law will require landlords to investigate reported damp, mould, and other prescribed health hazards within set timeframes. The social-sector model (in force 27 October 2025) requires investigation within 10 working days, a written summary within 3 working days of the investigation concluding, making safe within 5 working days, and supplementary works started within 12 weeks; the PRS periods will be set by regulations. Landlords who fail to comply with Awaab's Law timeframes can expect enforcement through the Renters' Rights Act civil penalty framework (up to £7,000, rising to £40,000 for serious or repeat breaches); no PRS penalty regime is in force yet.
A failure to comply with Awaab's Law timeframes does not automatically give rise to a disrepair claim, but it is strong evidence of a landlord's failure to take reported hazards seriously. In disrepair proceedings, a tenant's solicitor will routinely point to Awaab's Law non-compliance as evidence that the landlord had a pattern of ignoring repair obligations. Proactive compliance with Awaab's Law; acknowledging damp and mould complaints promptly, inspecting within 14 days, and commencing remediation quickly, is the most effective way to prevent a Housing Disrepair Letter of Claim ever being issued.
Practical steps to minimise disrepair risk
- Respond to every repair request in writing and within a defined internal target (e.g. 24 hours for emergencies, 5 working days for urgent repairs, 28 days for non-urgent repairs)
- Conduct annual property inspections and record the condition of every room, highlighting any maintenance issues even if the tenant has not reported them
- Damp and mould checks: follow the Awaab's Law checklist; acknowledge, investigate within 10 working days, send a written summary within 3 working days of the investigation concluding, make safe within 5 working days
- Keep a tenancy file for each property: repair correspondence, contractor invoices, safety certificates, inspection records, all in one place
- Serve repair completion notices on the tenant: when a repair is completed, confirm in writing to the tenant what was done and on what date