New Housing Conditions Pre-Action Protocol: what social landlords need to know

A new Pre-Action Protocol for Housing Conditions Claims (England) comes into force on 30 November 2026. It reflects the introduction of Awaab’s Law, places greater emphasis on urgent cases and ADR, and strengthens the link between housing conditions claims, complaints and operational repairs processes.

So, what has changed and what does it mean in practice?

Awaab’s Law is now built into the Protocol

The new Protocol expressly covers claims under section 10A of the Landlord and Tenant Act 1985 and the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025. It also refers specifically to the existence, or possible existence, of hazards.

For social landlords, this means a housing conditions claim may now involve not only traditional disrepair and fitness issues, but allegations that the landlord failed to comply with Awaab’s Law.

In practice, when a Letter of Claim arrives, landlords should check whether the allegations potentially engage Awaab’s Law and whether the relevant investigation, reporting and remedial timescales were complied with.

Urgent cases cannot simply wait for the Protocol process

The new Protocol makes clear that full compliance may not be appropriate where there is a serious risk to health or welfare requiring urgent court intervention, or where Protocol compliance would conflict with statutory or regulatory timescales.

Crucially, following the Protocol is not an excuse for delaying compliance with a landlord’s underlying legal duties.

In practice, a Letter of Claim alleging a serious hazard should trigger operational escalation, not just referral to the legal team. Legal response deadlines and Awaab’s Law deadlines are separate clocks.

The Letter of Claim may itself put the landlord on notice

The revised Protocol confirms that tenants should normally make the landlord aware of the poor housing conditions before using the Protocol. However, it also expressly recognises that the Letter of Claim itself may constitute notification.

That is important where the landlord's position is that it had no previous notice.

In practice historic notice remains relevant to liability and damages, but once the Letter of Claim is received the landlord should ensure the newly reported conditions are investigated promptly.

Greater emphasis on ADR

ADR is given increased prominence. The new Protocol expressly promotes resolving disputes without proceedings through ADR and recognises that ADR can take place at any stage.

For social landlords, the Protocol also recognises the landlord's complaints process and the role of the Housing Ombudsman.

In practice landlords should consider early whether the works, compensation or both can be agreed rather than automatically progressing every claim towards expert evidence and litigation.

Complaints, repairs and legal teams need to join up

One of the most important practical consequences is the overlap between Awaab’s Law investigations, complaints and legal claims.

The same damp, mould or other hazard could generate an Awaab's Law investigation, a complaint, a Housing Ombudsman referral, and a Letter of Claim.

Providers therefore need to ensure the relevant teams are sharing information and that inspection reports, written summaries, repair records, access attempts and complaint findings can be easily retrieved.

Expert evidence should not be automatic

The Protocol continues the principle that expert evidence should be limited to what is reasonably required.

In practice if the defect and required works are already agreed, landlords should consider whether an expert is actually necessary. Avoiding unnecessary expert evidence may significantly reduce the cost of resolving claims.

What should providers do before 30 November?

Social landlords should now:

• update their Housing Condition Protocol response templates;
• introduce an Awaab’s Law/hazard triage when a Letter of Claim is received;
• ensure legal teams can urgently escalate serious hazards to repairs teams;
• train claims and legal teams on section 10A and Awaab's Law;
• ensure repairs, complaints and legal teams are sharing information;
• review when expert evidence is required; and
• build early ADR and settlement consideration into housing conditions claims.

The revised Protocol is more than a procedural update. It reflects the wider shift towards hazard identification, resident safety and prompt resolution.

For social landlords, the key message is simple, a Letter of Claim should no longer be treated as a legal document in isolation. It may itself provide notice of a hazard, engage Awaab’s Law obligations and require immediate operational action.

The new Pre-Action Protocol for Housing Conditions Claims (England) comes into force on 30 November 2026