There are things you’ll need to do before you start your claim, including steps to follow to see if you can resolve the dispute without going to court.
Who to claim against
You’ll need to identify the right person or company for your court case (called the defendant). This will be the person or company who is legally responsible for the problem, such as your landlord or freeholder.
If your landlord uses a property manager or managing agent, you’ll usually need to take legal action against the landlord, rather than the manager or agent. This is because it’s your landlord who is legally responsible for complying with the terms of your lease.
What to claim for
You’ll need to set out:
- the facts of what happened
- why the person you’re claiming against is legally responsible
- what remedies you want
If you’re claiming for money you’ll need to value the claim and provide evidence for the amount you’re asking for.
Steps to take before starting your court claim
Before going to court you need to follow a Pre-action Protocol, if there is one for your type of case. This is a set of steps that need to happen before you can apply to the court to start the case. The aim is to help you resolve the problem without going to court.
If there’s no pre-action protocol for your type of case, you must follow rules called pre-action conduct. These are set out in court rules called the Civil Procedure Rules.
Pre-action Protocols
These protocols encourage you to communicate with the other party and consider alternative dispute resolution (ADR) like mediation before going to court.
The steps in the protocol are usually:
- gathering evidence to support your case
- sending a formal letter to the other party explaining the problem and what you want to happen
- allowing time for the other party to respond to your formal letter – usually 14 days
- trying alternative dispute resolution
Important
If you do not follow the Pre-action Protocol, the court may take this into account when awarding costs and you might need to pay your own legal fees, even if you win.
There are various Pre-action Protocols for types of disputes at the County Court. The following are those most likely to be relevant to a case involving a leasehold dispute.
| Step | Housing disrepair (non-urgent) | Recovering money | Professional negligence |
|---|---|---|---|
| Step 1 | Contact the landlord, listing issues with dates problems started or worsened | Send a formal letter explaining the claim; enclose relevant documents and forms | Send a preliminary notice: a brief note as soon as you think a claim is likely |
| Step 2 | If the landlord does not respond, use their complaints procedure, if they have one, or try alternative dispute resolution (ADR) | Allow time to respond to your formal letter (30 days) | Send a formal letter explaining the claim |
| Step 3 | If the complaint or ADR does not work, send a formal “letter of claim”, with full details of the problems, what you would like to happen and when | If there is no reply or the response does not solve the issue, escalate to court | Allow time to respond to your formal letter (30 days) |
| Step 4 | Allow the landlord 20 days to respond | Apply to County Court | If there is no reply or the response does not solve the issue, escalate to court |
| Step 5 | If there is no reply or the response does not solve the issue, escalate to court | Apply to County Court | |
| Step 6 | Apply to County Court |
Find out more about the Pre-action Protocol for Housing Conditions Claims.
In Wales there is a similar protocol called the Pre-Action Protocol for Housing Disrepair Cases (Wales).
- Last updated:
- 21 September 2026
- Next review:
- 21 September 2028
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