Going to court if your landlord won't do repairs

Check if this advice applies to you

This advice will usually apply to you if you rent from:

• a private landlord and you don’t live with them

• the council

• a housing association

You can take your landlord to court if they won't do repairs after you've asked them.

If you win, the court might make your landlord:

• do the repairs

• pay you compensation, for example if your health, belongings, or enjoyment of your home have been affected

• pay some or all of your legal costs

Check if you should take your landlord to court

Before you take your landlord to court, check if your landlord is responsible for the repairs.

If your landlord is responsible for repairs, you should tell them about the problem at least once before going to court . You should also give them a reasonable amount of time to fix it.

If your landlord is a council or housing association

You're a 'social housing tenant'. You can make an official complaint to your landlord. You can do this before taking them to court. You can also make a complaint at the same time as preparing to take them to court.

Your landlord might respond more quickly to an official complaint than to court action - this can help if the repairs are urgent. Check how to complain about your landlord not making repairs if you are a social housing tenant.

You usually have to go to court within 6 years of when you first told your landlord about a problem. 

It's worth checking what evidence you have. You're more likely to win your case if you have evidence, for example:

• a copy of your tenancy agreement if it says what repairs your landlord has to do

• evidence that you asked the landlord to make repairs, such as letters or text messages

• a report from a surveyor or Environmental Health Officer

• a list or photos of any damaged items

• details of medical treatment if you were injured or became ill

Going to court can be expensive. You'll need the help of a specialist adviser or a solicitor. You might also have to pay court fees. Check if you can get help with legal costs. If you can’t, think about whether you can afford to go to court.

If you're not sure if you should take your landlord to court, you can talk to an adviser.

Check if you can solve the problem another way

If you're thinking about taking your landlord to court, you should check if you can solve the problem another way first. This is called using ‘alternative dispute resolution’ (ADR).

ADR usually involves a separate person or organisation who either:

• reviews the issue and decides what should happen

• helps you and your landlord reach an agreement

If you can use ADR, tell your landlord - they should agree to try it.

If your landlord asks you to use ADR, you should agree and take part in the process.

Keep a record of what you check or try - you might need it if you go to court.

Check what type of ADR you can use

The type of ADR you can use depends on what type of landlord you have.

Mediation

Mediation is a way of solving any disagreements between you and your landlord, with the help of a ‘mediator’. A mediator is someone who doesn’t know either of you and who’s trained to help people solve their disagreements.

Mediation is suitable for all landlords and tenants - it’s usually quicker and less expensive than going to court. You can find out more about mediation and how to find a mediator on GOV.UK.

Write to your landlord

Before you can take your landlord to court, you'll need to write to your landlord to give them a last chance to do the repairs. Do this by sending a letter or email. If you have a letting agent, send the letter to them too.

If you decide to take your landlord to court, you'll need evidence that you've tried to sort the problem out with your landlord first. Read more about getting repairs done.

Tell your landlord they have 20 working days to do the repairs or make a reasonable arrangement to do them. Explain that you'll start court action if they don't.

Your letter should include full details of the repairs, for example:

• what needs repairing

• when you reported the problem to them - and if you had to report it more than once

• any problems you've had because the repairs weren't done - for example if you've got a health condition like asthma that's got worse

You can find a full list of what you need to include and a sample letter on GOV.UK. The sample letter is called the ‘Letter of Claim’ - it’s Annex A.

Keep a copy of the letter and any reply you get. Your landlord might offer to do the repairs or come to an agreement, which could be less stressful than going to court.

If you haven't reached an agreement with your landlord within 20 working days, you can take them to court.

Talk to an adviser if you need help drafting your letter.

Get legal advice

If you decide to take your landlord to court, you'll need the help of a specialist adviser or a solicitor.

You can find a solicitor on the Law Society website.

Fill in the court form

To start taking your landlord to court, you'll need to fill in and print form N1. You should use the notes in form N1A to help you.

Write as much detail as possible - you can use a separate piece of paper if there's not enough room on the form.

Make sure you have as much evidence as possible to back up your claim. You'll need to be able to prove that you asked your landlord for repairs and they didn't do them. You'll also have to prove your landlord is responsible for repairs.

Read more about getting repairs done.

If you're worried that your evidence isn't good enough, you can ask your local council's Environmental Health department to inspect the problem and make a report. Find your local council on GOV.UK.

Get together any evidence you can before you go to court, for example:

• a copy of letters or emails you sent to your landlord or local council about the repairs

• photographs of what needs repairing

• receipts for items you've had to replace, for example furniture or carpets

• a copy of your tenancy agreement

• a report from any experts you've paid to look at the problem - this is optional

You should send this evidence with your form.

Talk to an adviser if you need help completing the court claim form.

Send the form to your local county court

You should send 3 copies of the form to your local county court. You can find the address of your local county court at GOV.UK.

You'll need to pay a fee with your court form.

If you're not sure what court fees you'll need to pay, talk to an adviser.

After you've sent your claim form

The court will send you paperwork with details of your claim. You'll usually need to send a copy to your landlord, unless you've asked the court to do it for you.

You'll also be given a date for the hearing. It's likely to be in several months' time depending on how busy the court is.

Your landlord might also make a defence against your claim. Talk to an adviser if you get a defence form from your landlord.

Going to the court hearing

You'll have to go to the court hearing. You can take a friend or relative with you for support. Ask them to take notes at the hearing if you think it would help you remember important points later.

Court hearings by phone or video call

The court will tell you what kind of hearing you’ll have. Check how to prepare for a hearing by phone or video call.

The court will look at all the evidence you and your landlord have provided.

You might have more than one hearing, for example if the court asks you or your landlord for more evidence.

You should send any new evidence by the date given by the court. If you send evidence late, the court might not use it.

Once the court has made a decision, your landlord could be ordered to:

• do the repairs

• pay you compensation, for example if your health has been affected because they didn't do the repairs

• pay some or all of your legal costs

If your landlord ignores the court's decision

Your landlord will be breaking the law if they don't follow the court's decision.

You might want to take further court action, for example if your landlord doesn't pay you compensation ordered by the court.

Talk to an adviser if you want to take further legal action against your landlord.