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UK Housing Disrepair Pre-Action Protocol Letter Template

Draft a UK Pre-Action Protocol Letter of Claim for housing disrepair against a council, housing association or private landlord. The template generates the formal Letter of Claim required by the English Pre-Action Protocol for Housing Conditions Claims, structured around the Homes (Fitness for Human Habitation) Act 2018, Landlord and Tenant Act 1985 section 11, the Housing Act 2004 HHSRS framework, the Environmental Protection Act 1990 statutory-nuisance regime — and Awaab's Law (the Social Housing (Regulation) Act 2023 + the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025) in force from 27 October 2025. The UK has seen sustained growth in housing disrepair claims since Awaab Ishak's death from prolonged mould exposure; this template structures the claim correctly from the outset.

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Anjali Devi Sharma
Flat 14, Buchanan House, 38 Camberwell New Road, London SE5 0AS
07832 419720
a.sharma@protonmail.com
2026-06-03
Southwark Borough Housing — Camberwell Area Office
160 Tooley Street, London SE1 2QH
RE: PRE-ACTION PROTOCOL LETTER OF CLAIM — HOUSING DISREPAIR
Flat 14, Buchanan House, 38 Camberwell New Road, London SE5 0AS · 20-day response
Dear Sir or Madam,

We write on behalf of Anjali Devi Sharma the tenant of Flat 14, Buchanan House, 38 Camberwell New Road, London SE5 0AS (tenancy commenced 2019-04-15), concerning serious disrepair affecting the property. This letter is a Pre-Action Protocol Letter of Claim under the Pre-Action Protocol for Housing Conditions Claims (England) and is intended to comply with paragraph 3 of that Protocol. Please read it carefully and respond by the deadline at the foot of this letter.
1.
PARTIES AND TENANCY
1.1 The tenant is Anjali Devi Sharma of Flat 14, Buchanan House, 38 Camberwell New Road, London SE5 0AS. 1.2 The landlord is Southwark Borough Housing — Camberwell Area Office. 1.3 The tenancy is a social-rented tenancy (within the scope of Awaab's Law and the Social Housing (Regulation) Act 2023) which commenced on 2019-04-15 in respect of the property at Flat 14, Buchanan House, 38 Camberwell New Road, London SE5 0AS.
2.
STATUTORY BASIS OF CLAIM
2.1 The claim relies on multiple statutory bases — the Homes (Fitness for Human Habitation) Act 2018; section 11 Landlord and Tenant Act 1985; (where applicable) Awaab's Law under the Social Housing (Regulation) Act 2023; section 4 of the Defective Premises Act 1972; and the Housing Act 2004 HHSRS. These obligations apply to the tenancy as a matter of statute and cannot be excluded by agreement.
3.
PARTICULARS OF DISREPAIR
3.1 The following items of disrepair are presently affecting the property:
(1) Severe black mould covering the bedroom ceiling and upper walls — first noticed February 2025, reported 11 March 2025; (2) Water ingress through bedroom window seal causing daily condensation pooling on sills — first noticed November 2025; (3) Broken bathroom extractor fan since 14 January 2026 (no ventilation); (4) Damaged kitchen sink and drain pipe leaking into cupboard below — reported 6 February 2026; (5) Heating intermittent — radiator in living room cold for 3 weeks since 2 May 2026; (6) Mouse droppings in kitchen and behind cooker — first observed 18 April 2026.
4.
NOTIFICATION CHRONOLOGY
4.1 The tenant first notified the landlord of the disrepair on or about 2025-03-11 by online MySouthwark portal repair report number SR-2025-04827. 4.2 The landlord's response (or lack of response) is summarised as follows:
Online portal acknowledged the report 12 March 2025 and a "make-safe" appointment was scheduled for 27 March 2025 (later cancelled by the contractor without re-booking). Follow-up calls on 8 April 2025, 14 May 2025 and 23 July 2025 received only generic "we will be in touch" replies. A surveyor visit took place 18 August 2025 and a works order was raised (WO-2025-13284) but the works have not commenced as at the date of this letter — over 14 months from first notification.
4.3 Health impact. The disrepair is causing or contributing to ill health: The tenant's 7-year-old daughter has been diagnosed with severe asthma exacerbated by mould exposure (GP letter dated 22 March 2026, Dr Helen Watkinson, The Camberwell Group Practice). The tenant has personally suffered chronic chest infections and ongoing fatigue. Health visitor records show repeated GP attendances for the daughter from August 2025 to May 2026.
5.
HHSRS — HOUSING HEALTH AND SAFETY RATING SYSTEM ANALYSIS
5.1 Under the Housing Health and Safety Rating System (HHSRS) introduced by Part 1 of the Housing Act 2004, hazards in residential property are assessed by reference to the likelihood of an occurrence and the spread of harm outcomes. The HHSRS hazards identified at the property are:
HHSRS hazard 1 (damp and mould growth) — Category 1 severity given the visible black mould coverage and the child resident with diagnosed asthma. HHSRS hazard 2 (excess cold) — Category 2 given the intermittent heating. HHSRS hazard 4 (entry by intruders) and 12 (lighting / inadequate fittings) — Category 2.
5.2 Where category 1 hazards are present, the local authority has a duty under section 5 of the Housing Act 2004 to take enforcement action; category 2 hazards engage a power to take enforcement action.
6.
AWAAB'S LAW — STATUTORY TIMESCALES
6.1 Awaab's Law — the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, made under section 10A of the Landlord and Tenant Act 1985 (inserted by the Social Housing (Regulation) Act 2023) — was in force from 27 October 2025. The hazards identified at this property fall within the Awaab's Law regime, requiring the social landlord to investigate the hazard within 10 working days of notification; complete remediation within 5 working days of completing the investigation; and provide the tenant with a written summary of findings within 3 working days of the investigation finishing.
6.2 Alternative accommodation. Where the property cannot be made safe within the prescribed timescale, the social landlord must offer the tenant suitable alternative accommodation until the works are complete. 6.3 Failure to comply with the Awaab's Law timescales is itself actionable and is also a regulatory matter for the Regulator of Social Housing + the Housing Ombudsman.
7.
SCHEDULE OF DAMAGES SOUGHT
7.1 General damages. General damages claimed on the diminution-in-value basis at 50% of the rental value over a 15-month period (March 2025 to date), giving £4,725 (rental value £630 per month). Adjustment for the period of severe asthma exacerbation (August 2025 onward) sought at 75% of rental value for 10 months giving £4,725. Composite general damages estimate £9,450, subject to expert surveyor report.
7.2 Special damages. The following special damages are claimed:
(a) Damaged possessions — bedroom bed-frame, mattress (replaced June 2025) and curtains (£480); (b) increased heating costs over winter 2025-26 (£340); (c) medical / prescription costs for daughter (£75); (d) damaged personal effects in bedroom (£185); (e) alternative accommodation while urgent works ongoing (estimate £2,800 — 4 weeks at £700).
7.3 Expert surveyor. The tenant intends to instruct an independent housing surveyor in accordance with paragraph 4 of the Pre-Action Protocol. Proposed surveyor: Coleman Hutton MRICS (Coleman Hutton and Associates, 41 Camberwell Road, London SE5 — independent housing surveyor accredited with the Housing Ombudsman). The landlord is invited to consent to joint instruction.
7.4 Medical evidence. The following medical evidence is or will be relied upon:
GP letter from Dr Helen Watkinson dated 22 March 2026 confirming asthma diagnosis and mould-aggravation; GP attendance records for daughter (August 2025 to May 2026); AandE discharge summary 18 January 2026 (King's College Hospital).
8.
STATUTORY NUISANCE WARNING (EPA 1990 S.82)
8.1 Where the premises are in such a state as to be prejudicial to health or a nuisance within the meaning of section 79(1)(a) of the Environmental Protection Act 1990, the tenant may apply to the local authority under section 80 EPA 1990 (abatement notice) or may bring a private prosecution against the landlord in the magistrates' court under section 82 EPA 1990. On a successful section 82 prosecution, the magistrates' court may make a nuisance order, impose a fine of up to level 5 on the standard scale per day of breach, and award compensation under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000. The tenant reserves the right to commence such proceedings independently of the present civil claim.
9.
HOUSING OMBUDSMAN ESCALATION (SOCIAL HOUSING)
9.1 As a social-housing tenant, the tenant has a right under section 51 of the Housing Act 1996 (as amended) to escalate this complaint to the Housing Ombudsman Service following the landlord's internal complaints process. The Housing Ombudsman has powers including ordering compensation, requiring policy changes and issuing Complaint Handling Failure Orders. 9.2 The Ombudsman's Damp and Mould Special Report (October 2021), Spotlight Report (March 2022) and continuing oversight of Awaab's Law compliance are particularly relevant. The tenant reserves the right to escalate to the Ombudsman in parallel with court proceedings.
10.
RIGHT TO REPAIR SCHEME
10.1 The tenant draws attention to the Right to Repair Scheme under section 96 of the Housing Act 1985 and the Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994, which apply to qualifying repairs in secure council tenancies, and equivalent housing-association arrangements. Where the landlord fails to complete a qualifying repair within the prescribed period the tenant may instruct an alternative contractor and recover the cost.
11.
LEGAL AID AVAILABILITY
11.1 Housing disrepair claims which give rise to a serious risk of harm to health or safety are within scope for civil legal aid under paragraph 35 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The tenant has applied (or intends to apply) for legal aid through a legal-aid franchised solicitor.
12.
AUTOMATED REPAIR TRIAGE — ARTICLE 22 UK GDPR
12.1 Where the landlord operates automated repair-triage / contractor-dispatch systems that have de-prioritised this disrepair, the tenant relies on Article 22 of the UK GDPR: a decision producing legal or similarly significant effects (including the de-prioritisation of urgent disrepair) must not be based solely on automated processing save where Article 22(2) permits. The tenant requests meaningful information about the logic involved under Articles 13(2)(f), 14(2)(g) and 15(1)(h) UK GDPR and human review of the prioritisation decision under Article 22(3), with regard to the ICO's 2024 guidance.
13.
RELIEF SOUGHT
The tenant requires the landlord:
• to investigate the disrepair at the property promptly and to confirm the proposed scope of works in writing;
• to carry out the works necessary to remedy the disrepair within a reasonable time (within the Awaab's Law timescales where applicable);
• to disclose repair records, surveyor reports, complaint records and policy documents relevant to the claim;
• to provide suitable alternative accommodation while works are carried out where the property is uninhabitable or the works cannot reasonably be done with the tenant in occupation;
• to pay damages as set out above; and
• to respond in writing within 20 working days of receipt of this letter in accordance with paragraph 3 of the Pre-Action Protocol.
14.
CONSEQUENCES OF NON-COMPLIANCE
If a satisfactory response is not received within the period specified above, the tenant reserves the right to commence court proceedings without further notice, seeking a mandatory injunction requiring the works to be carried out, damages, interest and costs. The tenant may also (i) escalate to the local authority under EPA 1990 s.80 and the Housing Act 2004 HHSRS regime; (ii) escalate to the Housing Ombudsman; (iii) bring a private prosecution under EPA 1990 s.82; and (iv) rely on the contents of this letter to seek indemnity-basis costs and CPR PD Pre-Action Conduct paragraph 13 sanctions for non-compliance.
15.
GOVERNING LAW
This claim is governed by the law of England and the Pre-Action Protocol for Housing Conditions Claims (England).
YOURS FAITHFULLY,
Anjali Devi Sharma
Tenant of Flat 14, Buchanan House, 38 Camberwell New Road, London SE5 0AS
Date: ____________________

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What Is a UK Housing Disrepair Pre-Action Protocol Letter?

A UK Pre-Action Protocol (PAP) Letter of Claim for housing disrepair is the formal first step under the English Pre-Action Protocol for Housing Conditions Claims. It is sent by a residential tenant (or their solicitor) to a landlord — council, housing association or private — setting out the disrepair affecting the property, the statutory basis of claim, the chronology of notification, the relief sought and a deadline for response. The Protocol expects the British landlord to investigate, disclose repair records, and respond within 20 working days; non-compliance can lead to costs sanctions under CPR PD Pre-Action Conduct paragraph 13 and adverse inferences at trial.

In the United Kingdom, housing-disrepair claims rest on multiple statutory bases. The Homes (Fitness for Human Habitation) Act 2018 (which inserted s.9A into the Landlord and Tenant Act 1985) implies into all residential tenancies a covenant that the dwelling is fit for human habitation at the start and throughout. Section 11 of the Landlord and Tenant Act 1985 imposes a repairing covenant on the British landlord — structure and exterior, water / gas / electricity / sanitation installations, space heating and water heating. Section 4 of the Defective Premises Act 1972 imposes a separate duty in respect of foreseeable injury arising from premises. The Housing Act 2004 introduced the Housing Health and Safety Rating System (HHSRS) with its 29 categories of hazard.

Awaab's Law — the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 made under section 10A LTA 1985 (inserted by the Social Housing (Regulation) Act 2023) — has been in force from 27 October 2025 and imposes much tighter timescales on British social landlords for damp / mould and emergency hazards. Emergency hazards: investigate and make safe within 24 hours. Significant damp / mould: investigate within 10 working days, complete remediation within 5 working days of finishing the investigation, written summary within 3 working days. Alternative accommodation must be offered if the property cannot be made safe in time. Enforcement is via a disrepair claim with reference to the Pre-Action Protocol — escalating to the Housing Ombudsman and the Regulator of Social Housing.

What's Covered in This UK Template

Our UK template produces a structured Pre-Action Protocol Letter of Claim with optional HHSRS, Awaab's Law, damages and escalation overlays.

Tenant-to-Landlord Letterhead

British tenant or representative letterhead with property address, tenancy commencement date, tenancy type (social-rented / private AST / other) and letter date.

Tenancy Type Switching

Pick social-rented (Awaab's Law applies) / private AST (LTA 1985 s.11) / lodger or other — the template surfaces the relevant statutory framework.

Multiple Statutory Bases

Homes (Fitness for Human Habitation) Act 2018, LTA 1985 s.11, Awaab's Law, multiple-bases default — all four supported with conditional clause text in the body of the British letter.

Disrepair Items + Chronology

Structured itemised list of disrepair (date first noticed, location, nature) + notification chronology (date, method, landlord's response) — the spine of any UK housing-disrepair claim.

Health Impact Section

Where the disrepair is causing or contributing to ill health (asthma exacerbation, chronic chest infections, distress), the letter captures the impact and signposts to medical evidence in the Damages Schedule.

HHSRS Analysis (Expert)

Expert mode unlocks the Housing Act 2004 HHSRS hazard analysis — Category 1 and Category 2 classification by reference to likelihood + spread-of-harm, driving the local-authority enforcement pathway under section 5 Housing Act 2004.

Awaab's Law Timescales (Social Tenancies)

Expert mode adds the Awaab's Law clause — 24-hour emergency / 10-working-day investigation + 5-working-day remediation for significant damp/mould / 3-working-day written summary / mandatory alternative accommodation.

Damages Schedule

Structured general damages (diminution-in-value basis under Wallace v Manchester CC [1998] 30 HLR 1111, typically 25-100% of rental value) + special damages itemised + expert surveyor PAP-4 proposal + medical evidence schedule.

EPA 1990 Statutory Nuisance Warning

For premises prejudicial to health, the EPA 1990 s.82 private prosecution route — magistrates' court fine up to level 5 + compensation under PCC(S)A 2000 s.130. A separate parallel route to recovery for UK tenants.

Housing Ombudsman + Right to Repair

For UK social-housing tenants, the Housing Ombudsman escalation under s.51 Housing Act 1996 + the Right to Repair Scheme under s.96 Housing Act 1985 (qualifying repairs in secure council tenancies + housing-association equivalent arrangements).

Legal Aid (LASPO 2012)

Reference to Legal Aid availability under paragraph 35 of Schedule 1 to LASPO 2012 — housing disrepair with serious risk to health and safety is in scope for civil Legal Aid in the United Kingdom.

Article 22 UK GDPR — AI Repair Triage

Where the UK landlord uses automated repair-triage / AI dispatch systems that have de-prioritised the disrepair, the Article 22 UK GDPR safeguard — human review of the prioritisation decision under Article 22(3), with ICO 2024 guidance.

How to Create a UK Housing Disrepair PAP Letter

Follow these steps to draft a UK Pre-Action Protocol Letter of Claim for housing disrepair.

  1. 1

    Enter Tenant (Sender) and Landlord (Recipient) Details

    Enter the British tenant's full name and service address (plus optional contact), the representative's name and capacity if any, the landlord's name and address (the registered or correspondence address for the council / housing association / private landlord), the property address and the tenancy commencement date. Pick the tenancy type — social-rented (Awaab's Law applies), private AST or other.

  2. 2

    List the Disrepair Items + Notification Chronology

    List each item of disrepair — date first noticed, location, nature, severity. List the notification chronology — date first reported, method of reporting (portal, phone, written), the landlord's response (or lack of response). Where the disrepair is causing or contributing to ill health, capture the impact and the medical evidence (GP letter, A&E discharge summary, prescription records) — particularly important for damp / mould claims following Awaab Ishak's death.

  3. 3

    Pick the Statutory Basis and Set the Deadline

    Pick the primary statutory basis — Homes (Fitness for Human Habitation) Act 2018 / LTA 1985 s.11 / Awaab's Law / multiple. "Multiple" is the safest default. Set the response deadline — 20 working days is the British convention under the Pre-Action Protocol. Pick the governing law (England / Scotland (separate framework) / NI (separate framework)). Tick "alternative accommodation" if you want this as part of the relief sought.

  4. 4

    Unlock Expert: HHSRS + Awaab's Law + Damages Schedule

    In Expert mode, add the HHSRS hazard analysis (29-category framework, Category 1 / Category 2). For social tenancies, add the Awaab's Law clause with the appropriate timescale classification (24-hour emergency / 10-working-day damp-mould significant / 24-hour damp-mould emergency). Build the damages schedule — general damages on the diminution-in-value basis, special damages itemised (possessions, heating costs, medical expenses, alternative accommodation), proposed independent surveyor for PAP-4 joint instruction, medical evidence schedule.

  5. 5

    Add Escalation Pathway and Serve

    In Expert mode, add the EPA 1990 s.82 statutory-nuisance warning, the Housing Ombudsman escalation (social tenancies), the Right to Repair Scheme reference (council secure tenants), the LASPO 2012 Legal Aid availability reference, and the Article 22 UK GDPR repair-triage safeguard (where automated systems de-prioritised the repair). Download as PDF and serve on the British landlord by recorded delivery within the response-deadline window.

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Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.

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Legal Considerations

A UK Pre-Action Protocol letter is the procedural foundation of a housing-disrepair claim. Get the foundation right.

This template is for informational purposes only and does not constitute legal advice. Housing disrepair is a specialist area in the United Kingdom — consult a Legal Aid franchised solicitor (Civil Legal Aid Act 2012 Schedule 1 paragraph 35) or a Citizens Advice Bureau where the case is complex or involves catastrophic injury.

Reviewed for England housing-disrepair practice (June 2026)

Statutory Framework — Multiple Bases

In the United Kingdom, housing-disrepair claims rest on multiple statutory bases. The Homes (Fitness for Human Habitation) Act 2018 (in force from 20 March 2019 for new tenancies; from 20 March 2020 for existing tenancies) inserted section 9A into the Landlord and Tenant Act 1985 — an implied covenant by the landlord that the dwelling is fit for human habitation at the commencement of the tenancy and throughout. Section 11 of the Landlord and Tenant Act 1985 implies a repairing covenant — structure and exterior, water / gas / electricity / sanitation installations, space heating and water heating. Section 4 of the Defective Premises Act 1972 imposes a separate duty on landlords in respect of foreseeable injury arising from premises. The Housing Act 2004 introduced the HHSRS hazard framework with 29 categories. The PAP letter should rely on the most favourable basis — "multiple" is the safest default.

Awaab's Law and the 2025 Regulations

The death of Awaab Ishak in December 2020 from prolonged exposure to mould in his social-housing flat in Rochdale was the catalyst for legislative reform. The Social Housing (Regulation) Act 2023 inserted section 10A into the Landlord and Tenant Act 1985 enabling the Secretary of State to make regulations requiring social landlords to comply with prescribed requirements in respect of hazards in social housing. The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 — Awaab's Law — came into force on 27 October 2025. Social landlords must investigate emergency hazards within 24 hours and make safe; investigate significant damp / mould within 10 working days and remediate within 5 working days of completing the investigation; provide the tenant with a written summary within 3 working days of the investigation finishing; and offer suitable alternative accommodation if the property cannot be made safe in time. Failure to comply is actionable as a disrepair claim and is a regulatory matter for the Regulator of Social Housing + the Housing Ombudsman.

HHSRS and Local-Authority Enforcement

The Housing Health and Safety Rating System (HHSRS) introduced by Part 1 of the Housing Act 2004 assesses hazards in residential property by reference to the likelihood of an occurrence and the spread of harm outcomes. Hazards are categorised into 29 types (e.g. damp and mould growth, excess cold, structural collapse, falls, entry by intruders) and scored for severity (Category 1 — most severe — engages a local-authority duty to take enforcement action under section 5 Housing Act 2004; Category 2 — less severe — engages a power to take action under section 7). Local authorities can serve improvement notices (section 11), make prohibition orders (section 20), take emergency remedial action (section 40), or prosecute. The PAP letter should reference HHSRS to engage parallel local-authority enforcement.

Pre-Action Protocol + CPR PD Pre-Action Conduct

The Pre-Action Protocol for Housing Conditions Claims (England) governs the pre-action conduct of UK housing-disrepair claims. Paragraph 3 sets out the Letter of Claim contents. Paragraph 4 addresses expert evidence — encouraging joint instruction of an independent housing surveyor. Paragraph 5 deals with disclosure. The British landlord is expected to investigate, disclose and respond within 20 working days (extendable on request for good reason). Non-compliance can lead to costs sanctions under CPR Practice Direction — Pre-Action Conduct & Protocols paragraph 13, and adverse inferences at trial. For private landlords, no separate housing-conditions Protocol applies — the general CPR Practice Direction governs but the same 20-day expectation is typically applied in practice.

Frequently Asked Questions

Draft Your UK Housing Disrepair PAP Letter Now

Use our free Pre-Action Protocol template to draft a structured Letter of Claim under the Homes (Fitness for Human Habitation) Act 2018, LTA 1985 s.11 and Awaab's Law (in force from 27 October 2025). Expert mode unlocks the HHSRS analysis, Awaab's Law timescales, structured damages schedule, EPA 1990 statutory-nuisance warning, Housing Ombudsman escalation, Right to Repair Scheme, LASPO 2012 Legal Aid availability and Article 22 UK GDPR repair-triage safeguard. The complete UK housing-disrepair toolkit.

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