The Housing Disrepair Claims Process Explained (2026 Guide)
If you are thinking about making a housing disrepair claim, it helps to know what the process looks like from start to finish. This guide walks through each stage so you know what to expect.
Stage 1: Initial Assessment
The process starts with a free assessment. You contact a solicitor (by phone, online form, or in person) and explain the problems with your property, how long they have been going on, and what your landlord has or has not done about them.
The solicitor will ask about:
- The type of tenancy you have (council, housing association, or private)
- What disrepair issues exist (damp, mould, leaks, heating, structural, etc.)
- How long you have lived with the problems
- Whether you have reported them to your landlord and what happened
- Any health effects on you or your family
If you have a viable claim, the solicitor will take it on under a No Win No Fee agreement (a Conditional Fee Agreement). You will not pay anything upfront.
Stage 2: Letter of Claim
Your solicitor sends a formal Letter of Claim to your landlord following the Pre-Action Protocol for Housing Conditions Claims (England). This letter sets out the problems, the relevant law, and what you are seeking (repairs and compensation).
Your landlord has 20 working days to respond. During this period, they must disclose relevant documents such as repair logs, inspection records, and complaints correspondence.
Stage 3: Independent Survey
An independent surveyor (a qualified professional, not connected to your landlord) will inspect your property and prepare a detailed report. The report identifies:
- What disrepair exists and its cause
- What repair works are needed
- The estimated cost of those repairs
- How the disrepair has affected the habitability of your home
This report is the backbone of your claim. The cost is covered by your solicitor as part of the No Win No Fee arrangement.
Stage 4: Medical Evidence (If Applicable)
If the disrepair has caused or worsened a health condition — for example, asthma from mould, or anxiety from living in poor conditions — your solicitor will arrange for you to see a medical expert. They will prepare a report linking your health problems to the conditions in your home.
This medical report supports the personal injury element of your claim.
Stage 5: Negotiation and Settlement
Most housing disrepair claims settle without going to court. Once the surveyor's report (and any medical report) is available, your solicitor will negotiate with your landlord or their solicitors. The negotiation covers:
- Compensation — general damages for loss of enjoyment, special damages for financial losses, and personal injury if applicable
- An undertaking to carry out repairs — your landlord agrees to complete the works identified in the surveyor's report within a specified timeframe
If your landlord makes a reasonable offer, your solicitor will advise you on whether to accept it.
Stage 6: Court Proceedings (If Needed)
If your landlord does not respond, disputes the claim, or makes an offer that is too low, your solicitor can issue proceedings in the County Court. This does not necessarily mean a trial — many cases settle after proceedings are issued because the landlord takes the claim more seriously once court is involved.
If the case does go to trial, a judge will hear the evidence and make a decision on both repairs and compensation. Court hearings for housing disrepair cases are usually relatively straightforward and last a few hours to a day.
How Long Does the Process Take?
There is no fixed timeline. Straightforward cases that settle during negotiation may resolve in three to six months. More complex cases, or those where the landlord is uncooperative, can take up to 12 to 18 months. Cases that go to trial take longer.
Factors that speed things up: clear written evidence that you reported the problem, photographs, and a cooperative landlord. Factors that slow things down: disputes over liability, delays in obtaining medical evidence, and a landlord who refuses to engage.
What Happens to My Tenancy?
Your tenancy continues as normal throughout the claim. You remain in your home, you continue paying rent, and your landlord cannot evict you for making a claim. Under the Renters' Rights Act 2025, Section 21 no-fault evictions have been abolished for assured tenancies in England, which removes the main tool landlords previously used for retaliatory evictions.
Ready to Start?
If you are a tenant in Greater Manchester living with disrepair your landlord has failed to fix, the first step is a free, no-obligation assessment. Use our claim calculator for an estimate, or start your claim online.
Need help with your housing disrepair?
If you're a tenant in Greater Manchester dealing with any of the issues discussed in this article, you may be entitled to compensation. Our solicitors work on a No Win No Fee basis.