The Master of the Rolls has approved a new version of the Pre-Action Protocol for Housing Conditions Claims (England) (“the Protocol”), which will come into force on 30 November 2026.
The new version of the Protocol will:
- emphasise the importance of using alternative dispute resolution in housing conditions claims;
- highlight urgent exceptions to the Protocol where compliance may not be appropriate; and
- incorporate the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, commonly known as Awaab’s Law.
The scope of the new Protocol will be extended to specifically refer to Section 10A of the Landlord and Tenant Act 1985, which places a requirement on Registered Providers of Social Housing to address hazards within the strict timeframes set out by Awaab’s Law; and will require tenants making a claim in this regard to set out the details of their landlord’s alleged failure to comply with their duties as well as whether the tenant believes that their home is affected by either an emergency or significant hazard.
Landlords will need to keep in mind that they will be required, when responding to the letter of claim, to provide details in relation to what investigations they have carried out, or propose to carry out.
It remains the case the Protocol will not apply to claims brought under Section 82 of the Environmental Protection Act 1990 and housing conditions counterclaims.
If you would like further information, keep an eye out for further posts in the coming weeks ahead of the implementation of the new Protocol. If you would like to discuss anything further, please get in touch with our housing management team.