Taking court action for disrepair

• If your landlord doesn’t do repairs or does them badly, you might be able to take them to court. 
• You might be able to get a court order instructing your landlord to do the work that’s needed
• You might be able to get Legal Aid to help with solicitor and court fees

Is court action appropriate?

You can take court action if you’ve asked your landlord to do repairs but they aren’t done within a reasonable period.

You can ask the court to order your landlord to:

• carry out the repairs needed
• pay you compensation.

In urgent situations it is sometimes possible for the court to order that your landlord carries out repairs immediately, by making an injunction.

Court action can however be complicated and sometimes slow. It can also be expensive, unless you are entitled to legal aid.

Court action should be a last resort. You should only consider it if you can afford it and have tried other options.

What does it cost?

Court fees
You usually have to pay court fees to take legal action. Fees can be reduced or waived if you claim benefits or have a low income.

Find out more about court fees on HM Courts and Tribunal Service.

Expert fees
You might need to pay for:

• an expert’s report to tell the court about the condition of your home
• a medical report if your health has been affected.

A solicitor can arrange these for you.

If you win your case, you can claim back these costs from your landlord.

Legal aid
If you are on a low income legal aid might be able to help you with your fees.

You can only get legal aid:

• to order your landlord to carry out repair work that puts you or others in your household at risk
• if your landlord has started the eviction process due to rent arrears and your defence includes that repairs weren’t done. You might also be able to claim compensation if this is the case.

You can check if you can get legal aid on the Gov.uk website.

Alternatives to going to court

Court action can be complicated and costly, so it is best to try other options first. 

If the landlord involved is a community landlord it might be easier and less expensive to complain to the Public Services Ombudsman for Wales instead. 

The ombudsman may not be able to award financial compensation. If they do it probably won’t be as much compensation that a court awards you if your court claim is successful. However, it is free to use and there is likely to be less risk and stress. Click here to find out more.

Where do I start?

It is recommended that you get help from a solicitor. If you are unable to get help with legal costs, there may be other options available to you, such as a ‘no win no fee’ agreement. Read the Solicitors Regulation Authority’s guide to no win no fee’ agreements here.

If your case can be dealt with in the small claims’ court, you may be able to represent yourself, but bear in mind that court action can be a long and very complicated process. Even if you win, you may have to go back to court if your landlord doesn’t pay you the compensation ordered by the court.

Call the Civil Legal Advice helpline on 0345 345 4 345 or contact Shelter Cymru for initial advice.

Preparing for your case

1. Report repairs
   Before you start court proceedings you must report the repairs to your landlord. You can download our template letters from the free resources page.

You don’t have to report repair problems if they are in communal areas, like shared hallways or the lift, but it is always best to let the landlord know.

2. Gather evidence

• You’ll need evidence to back up your claim, such as:

• photographs of the things that need repairing
• your belongings that have been affected (such as clothes damaged by damp), or photographs of them. Work out how much they are worth
• copies of any letters you send to your landlord, and any written response you have received from them
• notes of any conversations you have with your landlord. Include dates, and what was agreed
• copies of any doctor’s notes or hospital reports which show that your health has been affected by the problem
• receipts for any money you need to spend because of the repair problem (eg if you have to replace clothes or furnishings because of mould)
• energy bills if you have had to spend more eg because of defects to your heating system.

3. Get an expert’s report

It is possible that the court will need a report from experts such as an environmental health officer or surveyor. You can find surveyors in your area through the Royal Institute of Chartered Surveyors website. If possible you should try and agree the appointment of a surveyor with your landlord.

Use our sample letter of instruction to send to a surveyor but remember a surveyor’s report will cost you money.

Find out how much it will cost before arranging a surveyor to make sure you can afford it. In some situations you may be able to get legal aid to help cover the costs.

4. Keep records

Make sure you keep records  of the important details of your claim. It is important to use a clear format to present to the court. Use our following templates:

• Schedule of disrepair
• Schedule of special damages

Do I need to warn the landlord before I start court action?

Yes. There is a special procedure, which must be followed in all disrepair cases. This is called the Pre-Action Protocol for Housing Disrepair Cases. Before you start court action you must send a letter containing certain details to your landlord. This letter is called a ‘letter of claim’. An adviser can help you prepare this letter, or you can adapt our sample R5 letter of claim.

Your letter must:

• explain what the disrepair problem is
• set out details of when you previously notified your landlord of the problem (you will need to show the court that you have already sent an ‘early notification letter’ to your landlord setting out details of the disrepair – use our sample R4 early notification letter template)
• give the landlord 20 working days to put the problem right – unless the repair is urgent
• state that if the landlord doesn’t put the problem right within that time, you intend to take them to court.

If, after the 20 working days are up, your landlord still hasn’t put the problem right, you can start a claim in the county court.

How can a court order help?

The court will look at all the evidence you and your landlord have provided in order to decide if your landlord should do the repairs and, if so, what needs to be done about it.

You could ask the court to:

• make an injunction, ordering your landlord to carry out specific repairs by a certain time
• make a declaration that you can do the repairs yourself and deduct the cost from future rent and that the landlord won’t be able to evict you for arrears.

In emergency situations (eg if it’s dangerous to live in the property) the court may order your landlord to carry out the work immediately. The court may also decide that your landlord should pay you compensation.

What if the landlord doesn’t comply?

A landlord who does not carry out the works specified in a court order could be fined or even imprisoned. You will probably have to go back to court to take further action, but should not have to start the whole process again.