Pre-action protocol for housing disrepair cases

This protocol came into effect on 8 December relating to civil claims arising from the condition of residential premises, which may include a related personal injury claim. It does not include disrepair claims which originate as counter-claims or set-offs in other proceedings. (In cases which involve a counter-claim or setoff, the landlord and tenant will still be expected to act reasonably in exchanging information and trying to settle the case at an early stage.) The types of claim covered by the protocol include those brought under the Landlord and Tenant Act 1985 (s11), the Defective Premises Act 1972 (s4), common law nuisance and negligence, and those brought under the express terms of a tenancy agreement or lease. It does not cover claims brought under the Environment Protection Act 1990 (s82) (which are heard in magistrates courts). The protocol does cover claims by any person with a disrepair claim, as described above, including tenants, lessees and members of the tenant’s family. (The use of the term ‘tenant’ throughout the protocol is intended to cover all such people.) In practice, most disrepair cases will have a value of more than £1,000, but less than £15,000 and so are likely to be allocated to the fast track. The protocol includes information about mechanisms for negotiation and settlement of disrepair claims apart from litigation, and about the disclosure of documents.