How to Write a Disrepair Notice to Your Landlord (UK)
If your landlord has ignored your reports of damp, leaks, broken heating or unsafe wiring, a Pre-Action Protocol for Housing Conditions Claims compliant letter is the gateway to court action. Get the wording right, give 20 working days for a response, and you preserve every option later.
What the Law Says
Landlord and Tenant Act 1985, Section 11
In any lease of a dwelling for a term of less than 7 years, the landlord is required to keep in repair: (a) the structure and exterior of the dwelling, (b) the installations for the supply of water, gas, electricity and sanitation, and (c) the installations for space heating and heating water.
Pre-Action Protocol for Housing Conditions Claims (PD 7A, CPR Part 7 Section IV)
Before issuing county court proceedings for housing disrepair, the tenant must send a formal Letter Before Action containing a detailed Schedule of Disrepair, copies of supporting documents (photographs, expert reports, correspondence), and a Schedule of Loss quantifying the damages sought. The landlord must be allowed not less than 20 working days to respond before proceedings can be issued.
Key deadline: The Pre-Action Protocol for Housing Conditions Claims expects you to allow the landlord not less than 20 working days to respond to a Letter Before Action. If the disrepair is a Category 1 hazard under HHSRS, your local council's Environmental Health team can serve an Improvement Notice much sooner — and this can run in parallel.
This obligation cannot be contracted out of. Even if your tenancy agreement says you're responsible for "minor repairs" or "decorations", Section 11 overrides it for the structural, electrical, plumbing and heating categories listed above. Your landlord's duty begins once they have been notified of the disrepair — which is why a written, dated letter matters, and why the Pre-Action Protocol response window is counted from the date of receipt.
Additional protections come from:
- Homes (Fitness for Human Habitation) Act 2018 — inserts Section 9A into the Landlord and Tenant Act 1985, requiring the dwelling to be fit for human habitation throughout the tenancy (covers damp, inadequate ventilation, and structural safety)
- Defective Premises Act 1972, Section 4 — your landlord owes a duty of care to you and your visitors for defects they know about, or ought to have known about
- Environmental Protection Act 1990, Section 79 — disrepair that causes a health hazard is a "statutory nuisance" that your local council can enforce. The council can also assess the property under the Housing Health and Safety Rating System (HHSRS) and serve an Improvement Notice for any Category 1 hazard found. If your landlord attempts to deduct repair costs from your deposit instead of fixing the issue, read our guide to tenancy deposit disputes — landlords cannot deduct for disrepair that is their statutory responsibility.
When You Have a Valid Claim
You have grounds to issue a disrepair notice when:
- The issue falls within Section 11 categories — structural problems (damp, leaks, defective roof or walls), dangerous electrics, plumbing faults, broken heating or hot water, sanitation issues — or breaches the fitness-for-habitation duty under Section 9A
- You've notified your landlord — the obligation only kicks in once the landlord knows (or should reasonably have known) about the defect. Your evidence here is critical for the Pre-Action Protocol Schedule of Disrepair
- A reasonable time has passed — courts generally expect:
- Emergency hazards (Category 1 HHSRS, no heating in winter, raw sewage, dangerous electrics): immediate response, and Environmental Health can serve an Improvement Notice within days
- Urgent issues (active leak, failed boiler, dangerous wiring): 1–7 days
- Standard disrepair (damp patches, mould, broken extractor fan, cracked tiles): 14–28 days; the Pre-Action Protocol then requires a further 20 working days for the formal response
- You didn't cause the damage — tenant-caused damage is your responsibility, not the landlord's. Photos and a dated log of when issues started are essential to demonstrate this
- If you're a social housing tenant — council and housing-association tenants can additionally use the Housing Ombudsman Service route after exhausting the landlord's internal complaints procedure, alongside Section 11 and the Pre-Action Protocol
What Your Letter Should Include
Disrepair Letter Before Action Checklist (Pre-Action Protocol)
- Your full name and the property address
- Date of the letter (this starts the 20 working day response clock)
- Itemised Schedule of Disrepair — rooms affected, defects, dates first noticed
- Reference to Section 11, Landlord and Tenant Act 1985
- Reference to the Pre-Action Protocol for Housing Conditions Claims (PD 7A, CPR Part 7 Section IV)
- Reference to the Homes (Fitness for Human Habitation) Act 2018 / Section 9A where applicable
- Modelled response deadline — not less than 20 working days from date of receipt
- Schedule of Loss — itemised, quantified damages (alternative accommodation costs, damaged belongings, inconvenience)
- Photographic evidence schedule — list of attached photos with dates
- Statement of next steps if ignored — Environmental Health, First-tier Tribunal, county court claim
- Statement that this letter is a Letter Before Action under the Pre-Action Protocol
Ready to send your disrepair notice? LetterLift generates a Pre-Action Protocol-compliant Letter Before Action citing Section 11, the Homes (Fitness for Human Habitation) Act 2018, and the Pre-Action Protocol for Housing Conditions Claims — personalised to your situation.
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Key tip: Send the Letter Before Action by Royal Mail Signed For AND email with read receipt. The 20 working day response window under the Pre-Action Protocol runs from the date the landlord receives the letter, so you need proof of delivery. Keep a copy of everything you send and every photo you attach.
What Happens If They Don't Respond
If your landlord ignores your Letter Before Action or refuses to repair within the 20 working day Pre-Action Protocol window, you have several escalation options:
Wait the Pre-Action Protocol response window
Allow not less than 20 working days from the date your landlord receives the Letter Before Action. If they fail to respond, repair, or make a reasonable counter-offer within that window, you have given them every opportunity to put matters right and can proceed with the formal routes below.
Contact Environmental Health
Your local council's Environmental Health team can inspect the property under the Housing Health and Safety Rating System (HHSRS) and serve an Improvement Notice for any Category 1 hazard. This is free, runs in parallel with the Pre-Action Protocol, and is often the most effective route — landlords act quickly when faced with statutory enforcement.
Apply to the First-tier Tribunal (Property Chamber)
You can apply for a determination that your landlord has breached their repairing obligations. The Tribunal can order repairs and, in some cases, award compensation. The fee is modest (£100–£300) and you don't need a solicitor.
Issue a County Court disrepair claim
Once the 20 working day Pre-Action Protocol window has elapsed without a satisfactory response, you can issue a county court claim under the Pre-Action Protocol. Typical awards for disrepair range from 25–50% of rent for the affected period, plus the cost of damaged belongings and any alternative accommodation.
Housing Ombudsman route (Social Housing Only)
If your landlord is a housing association or council, you can additionally complain to the Housing Ombudsman after exhausting the landlord's internal complaints procedure. They can order compensation and require the landlord to change policy or practice.
Important: Do not withhold rent. Courts can still order eviction for rent arrears even if the property is in disrepair, and withholding rent can be treated as a repudiatory breach of the tenancy. Instead, use the formal Pre-Action Protocol route. Your landlord's failure to repair after receiving the Letter Before Action and missing the 20 working day window also constitutes a breach of your tenancy agreement — once the response window has passed, you can claim damages for inconvenience and consequential costs alongside the repair order itself. If the disrepair caused you to terminate the tenancy early, you may also have a Section 21 retaliation defence to rely on.
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Frequently Asked Questions
Common questions about disrepair notices, the Pre-Action Protocol, and what to do if your landlord still refuses to repair.
What counts as a valid Schedule of Disrepair?
A Schedule of Disrepair is a room-by-room itemised list of defects, with each entry showing the location, what the defect is, when you first noticed it, and how it affects your use of the property. The Pre-Action Protocol requires the Schedule to be detailed enough that the landlord can quote for repairs without further inspection. Attach timestamped photos and any expert reports alongside it.
Do I need an expert report before sending the Letter Before Action?
Not necessarily. Photographic evidence, a dated repair log, and any surveyor or damp-specialist reports (if you have them) are usually enough for the Letter Before Action. If the landlord disputes the severity, an expert's report on causation and cost of repair becomes important later when you issue county court proceedings. Many tenants commission a chartered building surveyor report at that point.
Can I include a Schedule of Loss in the Letter Before Action?
Yes — the Pre-Action Protocol actually requires an itemised Schedule of Loss quantifying your damages (rent reduction, damaged belongings, alternative accommodation, inconvenience). It doesn't need to be perfect at this stage; you can update it later in the county court pleadings. But putting a figure down at Letter Before Action stage signals the seriousness of your claim and pushes the landlord toward settlement.
What if my landlord responds but only offers a partial repair?
If the offer genuinely addresses the Schedule of Disrepair in full (or in a way you can reasonably accept), you can settle. If it's a partial offer that ignores some items, write back identifying the unresolved defects and confirming you'll issue proceedings if they're not addressed within a further reasonable period. The courts look unfavourably on landlords who only respond to part of a Pre-Action Protocol Letter Before Action.
Can I include improvement works not strictly listed in Section 11?
Yes, where they fall under Section 9A (Homes (Fitness for Human Habitation) Act 2018) fitness-for-habitation duties or the Defective Premises Act 1972 duty of care. The Pre-Action Protocol covers the full range of housing-condition breaches, not only Section 11 structural and installation repairs. Damp and mould that renders the property unhealthy, broken extractor fans, and unsafe electrics are typically caught even where they sit outside the strict Section 11 categories.