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Pre-Action Protocol · CPR Part 35-aware

Housing disrepair reports — Pre-Action Protocol compliant

For tenant and landlord-instructed disrepair experts. Pre-Action Protocol-aligned format, statutory framework references (s.11 LTA, Homes Fitness Act, DPA 1972), costed remedies per item, ready for the Letter of Claim or response.

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What's in the report

Aligned to the Pre-Action Protocol for Housing Disrepair Cases.

  1. AInspection & instructionSurveyor, instructing party (tenant / landlord), date, weather, witness present, areas not accessed.
  2. BProperty & tenancyAddress, tenancy type (assured shorthold / secure / introductory), tenancy start, rent, occupation profile (children, elderly, vulnerable), landlord identity.
  3. CStatutory frameworkRepair covenants engaged: s.11 Landlord and Tenant Act 1985, Homes (Fitness for Human Habitation) Act 2018, Defective Premises Act 1972, contractual covenants. Per-item attribution.
  4. DDisrepair itemsPer item: location, defect, statutory hook, date reported (if known), photo evidence, costed remedy, urgency band (immediate / urgent / routine), HHSRS hazard cross-reference.
  5. EHealth & safety impactHHSRS hazard categories engaged (Cat 1 / Cat 2), impact on occupants, vulnerable group considerations, environmental health referral if appropriate.
  6. FQuantum & works programmeTotal costed remedy, programme of works (sequenced), decant requirement (yes/no/partial), professional fees if claimed.
  7. GSurveyor's declarationCPR Part 35 expert declaration, single-joint-expert protocol if applicable, qualifications, AI disclosure.

The Pre-Action Protocol journey

5 stages from tenant complaint to settlement or court issue.

Stage 1
Notice of disrepair

Tenant gives written notice of disrepair to landlord. The clock starts: landlord becomes liable for reported (and patent) defects. The date of notice becomes a key fact in this report.

Stage 2
Letter of Claim

Tenant's solicitor instructs an expert and serves a Letter of Claim. The expert report (this template) is annexed: items, statutory hooks, costed remedies, HHSRS impact. The landlord has 20 working days to acknowledge.

Stage 3
Landlord's response

Landlord acknowledges, instructs their own expert (or single-joint expert), and serves a Letter of Response within typically 20 days. The landlord-side report is the same template, "instructing party = landlord".

Stage 4
Joint expert / Scott Schedule

If positions diverge, parties move to a single-joint-expert or both prepare a Scott Schedule for the contested items (see the Scott Schedule template). Most cases settle here.

Stage 5
Settlement or proceedings

Negotiated settlement, or claim issued in the County Court. The expert report (and any Scott Schedule) becomes the substantive evidence at trial.

Housing Disrepair FAQs

What is the Pre-Action Protocol for Housing Disrepair?
A formal pre-litigation procedure governing how disrepair claims are run before issuing court proceedings. Failure to follow it can lead to costs sanctions. The Protocol prescribes the Letter of Claim contents, response timescales, expert reporting, and joint-expert appointment where appropriate.
What statutory hooks are captured?
Three primary covenants: Section 11 Landlord and Tenant Act 1985 (structural and exterior, water/gas/electric, sanitary, heating); Homes (Fitness for Human Habitation) Act 2018 (extends fitness obligations across the tenancy); and Defective Premises Act 1972 s.4 (duty of care to anyone reasonably affected). Each item is attributed to the correct statutory hook.
How does it relate to HHSRS?
Each disrepair item can cross-reference the HHSRS hazard category it engages (e.g. damp & mould = Hazard 1, excess cold = Hazard 2). For a full HHSRS scoring under the Housing Act 2004, see the dedicated HHSRS Assessment template.
Can both tenant and landlord-instructed experts use this template?
Yes. The instructing-party field at the top determines perspective. The same template handles tenant Letter-of-Claim reports, landlord Letter-of-Response reports, and (with the joint-expert flag set) single-joint-expert reports.
Does AI help draft the report?
Yes — for the descriptive narrative around each item (defect, location, environment) drafted from your on-site notes. The AI does not propose statutory hooks or costed remedies — both carry expert-witness liability and stay surveyor-only.

One subscription. 15 report types.

£35/month or £30/month annually. All templates, unlimited reports.

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