Following approval by the Master of the Rolls on 30 October 2026, a revised Pre-Action Protocol for Housing Conditions Claims (England) will come into effect from 30 November 2026.
There are a number of amendments worth noting, including but not limited to:
Awaabs Law – the revised Protocol now expressly refers to housing conditions claims involving the existence of hazards, including claims under Section 10A of the Landlord and Tenant Act 1985 and also recognises the specific timeframes that Landlords are obligated to comply with under Awaabs Law.
Urgent Cases – paragraphs 1.6 and 1.7 refer to circumstances where full or particular compliance with the Pre-Action Protocol may not be appropriate, for example where there is an alleged serious risk to health or welfare.
ADR - Greater emphasis is placed with regard to the use of alternative dispute resolution. The revised provisions encourage parties to consider whether ADR would be more appropriate to resolve disputes than court proceedings.
The revised protocol also retains the emphasis on limiting expert evidence to that which is reasonably required.
For landlords, local authorities and registered providers of social housing, the changes bring about an important opportunity to review existing procedures, strengthen claims handling arrangements and reduce the risk of avoidable litigation.
Our property litigation team are available to assist with any queries relating to the upcoming changes.
For expert guidance on the revised Pre-Action Protocol for Housing Conditions Claims, please contact our social housing solicitors.
