Housing Disrepair Bundle Software

Lines:Tenant RouteBoth parties — shared stepsLandlord RouteAppeal

Stops:Decision hearing — the court or tribunal decides the case here; bundle requiredOptional hearing — dashed ring: only held in some casesProcess step — something you file or do, no bundleMilestone — a deadline or event; nothing to prepareOptional step — dashed: not always applicable (e.g. only if needed or agreed)Mediation step — mediation, a MIAM or early conciliation happens here

Reading:Blog Insight — purple book icons link to a related article (opens in a new tab)

Timing:⚠ 14 daysstatutory — miss this and lose4 weeksrequired noticetyp. 8motypical wait

Laws:This journey summarises the procedure under Landlord and Tenant Act 1985 s.11 (repairing obligation), Landlord and Tenant Act 1985 s.9A (fitness for human habitation, inserted by HFFHHA 2018), Landlord and Tenant Act 1985 s.17 (specific performance of the repairing covenant), Landlord and Tenant Act 1985 s.10A + Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, SI 2025/1042 (Awaab's Law — social housing from 27 October 2025; PRS extension TBC, subject to consultation — NOT yet in force; Phase 2 due 30 November 2026 (subject to Parliamentary approval)), Renters' Rights Act 2025 roadmap (Phase 1, 1 May 2026 = tenancy reforms; PRS Awaab's Law TBC; Decent Homes Standard from 2035 (confirmed January 2026); PRS Landlord Ombudsman ~2028 — none yet in force as at 26 September 2026), Homes (Fitness for Human Habitation) Act 2018, Defective Premises Act 1972 s.4 (duty to all persons who might reasonably be expected to be affected by relevant defects, where the landlord knows or ought to have known; s.4(4) extends it to a right to enter and repair), Environmental Protection Act 1990 s.82 (statutory nuisance — complaint by a person aggrieved in the magistrates' court), Housing Act 2004 Part 1 and the HHSRS (England) Regulations 2005 as amended from 23 June 2026 (SI 2026/571): 21 hazard profiles; Category 1 = High band (score ≥1,000), Pre-Action Protocol for Housing Conditions Claims (England) — Welsh equivalent: Pre-Action Protocol for Housing Disrepair Cases (Wales), CPR Parts 7, 26 (r.26.9(1)(b) repair-claim limits), 27, 28, 35, 36, 44 and 52; r.39.5 and PD 32 para 27 (trial bundles); Practice Direction – Pre-Action Conduct and Protocols and Limitation Act 1980 ss.5 (6 yrs simple contract), 8 (12 yrs deed), 11 (3 yrs personal injury). General information only — not legal advice.

The legislation & case law this map draws from(28)▸

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Housing disrepair claims arise under two parallel statutory routes: (i) Section 11 Landlord and Tenant Act 1985 — the landlord's repairing obligation for the structure and exterior of the dwelling and installations for water, gas, electricity, sanitation, and space and water heating; the landlord is not in breach for a defect in the part let to the tenant until it has notice (O'Brien v Robinson); no notice is needed for parts not let to the tenant (Edwards v Kumarasamy at [42]–[43]); and (ii) Section 9A Landlord and Tenant Act 1985 (inserted by the Homes (Fitness for Human Habitation) Act 2018) — the implied covenant that the dwelling is fit for human habitation at the start of the tenancy and throughout. Section 9A has no express notice requirement, but the common-law notice rule may apply to defects inside the home (Edwards v Kumarasamy [2016] UKSC 40 at [29]–[38]). Section 9A reaches unfitness that is not disrepair, for example freedom from damp and prescribed hazards (s.10), which s.11 may not reach (Quick v Taff Ely BC [1986] QB 809). It applies to tenancies granted on or after 20 March 2019. For periodic or secure tenancies already in existence on that date, it applies from 20 March 2020 (s.9B(4)). Many claims rely on BOTH routes. The first step is to send written notice to the landlord identifying the disrepair. The Pre-Action Protocol for Housing Conditions Claims (England) governs pre-issue conduct. The Protocol was previously the Pre-Action Protocol for Housing Disrepair Cases; it now covers s.9A fitness claims and applies only in England. The tenant may send an early notification letter (para 5.1), then a Letter of Claim proposing an expert (para 5.2). The landlord should normally reply within 20 working days of receipt (para 6.2). The single joint expert or joint inspection follows within 20 working days of that reply (para 7.4). The Letter of Claim sets out the disrepair, the landlord's knowledge, the losses suffered, and the remedies sought (specific performance under s.17 LTA 1985, damages, and general damages for inconvenience). Most housing disrepair claims settle after this protocol stage. If proceedings are issued (claim form N1 seeking specific performance, damages, and any injunctive relief), the case is allocated to a track. Small claims track only if the estimated cost of repairs is not more than £1,000 AND any other damages are not more than £1,000 (CPR r.26.9(1)(b)). Otherwise, the fast track is the normal track for claims up to £25,000, but where an order for repairs is sought only if the court considers it in the interests of justice and trial is likely to last no more than one day (r.26.9(5)–(6)). The intermediate track covers claims up to £100,000 where non-money relief is in the interests of justice (r.26.9(7)–(8)); multi-track otherwise (r.26.9(12)). The landlord files a defence, typically disputing notice, extent of disrepair, or causation, and may counterclaim for refused access or tenant-caused damage. Between the CMC and trial, parties prepare the Scott Schedule. Settlement negotiations and Part 36 offers run alongside proceedings. Housing disrepair claims are excluded from referral to the HMCTS Small Claims Mediation Service (CPR r.26.6(2)(a)). The Protocol expects both parties to consider ADR (para 4). The court can order the parties to engage in ADR (CPR r.3.1(2)(o); Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416). Social housing tenants can also complain through the landlord's complaints procedure and then to the Housing Ombudsman (Protocol para 4.2(b)–(c)). For social housing tenants (registered providers in England): Awaab's Law — s.10A LTA 1985 (inserted by s.42 Social Housing (Regulation) Act 2023) and the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 (SI 2025/1042, in force 27 October 2025). Emergency hazards: investigate and complete safety work within 24 hours (reg 5). Significant damp and mould hazards: investigate within 10 working days of becoming aware (reg 6); give the tenant a written summary within 3 working days of the investigation (reg 9); complete safety work within 5 working days of the investigation (reg 11). Phase 1: significant hazards are limited to damp, mould and fungal growth; emergency hazards cover all prescribed hazards except crowding and space (reg 3(2)). Phase 2: amending regulations are due to apply from 30 November 2026 (subject to Parliamentary approval). The landlord has a defence if it used all reasonable endeavours (s.10A(5)). This is enforced through a claim for breach of the implied covenant, running alongside any s.11 / s.9A claim. For private rented sector tenants: under the Renters' Rights Act 2025 implementation roadmap, Phase 1 (1 May 2026) is the tenancy-reform package — s.21 abolition, assured periodic tenancies, the reformed s.8 grounds, rent-increase limits and the bidding ban. The PRS disrepair measures come LATER: the new Decent Homes Standard will apply to the social and private rented sectors from 2035 (the New Decent Homes Standard policy statement, updated 28 January 2026); legislation is still to be made. The PRS Landlord Ombudsman is expected to require landlord membership in 2028. Extending Awaab's Law to the PRS (RRA 2025 s.60) is not yet in force; timescales are subject to consultation. None of these PRS measures is in force as at 26 September 2026. Until the PRS measures commence, private tenants rely on the civil disrepair claim (s.11 / s.9A LTA 1985).