If you are dealing with damp, mould, leaks, broken heating, unsafe electrics, or other serious housing problems, you usually want clear answers to 3 questions. What can the court make the landlord do, how long could the process take, and who ends up paying the costs?
In England, these cases usually fall into 2 different routes. A housing disrepair or fitness claim is generally brought in the County Court, often under section 11 or section 9A of the Landlord and Tenant Act 1985. A statutory nuisance claim under section 82 of the Environmental Protection Act 1990 is different. That route goes to the Magistrates’ Court, not the County Court, and the housing conditions pre-action protocol does not apply to it.
If you want practical support on the wider housing side, Atalaw’s Housing Disrepair Services London, Landlord And Tenant, and Civil litigation pages show the kind of disputes the firm handles.
What the court can order in a disrepair claim
In a County Court disrepair or fitness claim, the court can do more than simply say the landlord was wrong. It can order works to be carried out, award compensation, and make costs orders. The legal basis usually comes from the landlord’s repairing duties and the duty to keep a property fit for human habitation.
GOV.UK confirms that landlords are responsible for the structure and exterior, sanitary installations, heating and hot water, gas, electrical wiring, and damage caused while trying to carry out repairs. GOV.UK also confirms that where a home is not fit for human habitation, the court can order the landlord to fix the problem and pay compensation.
In practical terms, the County Court may order:
- Repairs to the structure, exterior, or key installations
- Works to deal with damp, mould, leaks, heating, plumbing, or electrical defects
- Damages for distress, inconvenience, and loss of amenity
- Damages for belongings damaged by the disrepair
- In some cases, damages linked to health consequences where the evidence supports that part of the claim
That is why evidence matters so much. The court will usually want to see when the defect started, when the landlord was told, what inspections took place, whether access was offered, and how the problem affected your day-to-day use of the property.
Atalaw’s own housing disrepair page reflects that same evidence-led approach, including photos, timelines, reports, and medical records where relevant.
For a broader view of how records and proof affect court disputes, Atalaw’s Evidence landlords will need for possession in a post-Section 21 world article is also useful.
What the court can order in an EPA claim
An EPA claim works differently. Section 82 of the Environmental Protection Act 1990 allows a person aggrieved by a statutory nuisance to complain to the Magistrates’ Court.
If the court is satisfied that a statutory nuisance exists, or is likely to recur, it can make an order requiring the nuisance to be stopped and can impose a fine if that order is not obeyed.
In real terms, that means the Magistrates’ Court may order:
- Abatement of the nuisance
- Works or steps to stop it continuing or recurring
- A time limit for compliance
- A fine if the order is breached without a valid defence
This route is often discussed where the problem is serious enough to amount to a statutory nuisance, rather than just ordinary inconvenience. It can be useful in housing cases, but it has its own procedure and risks. If you are comparing your options, Atalaw’s Landlord And Tenant page and Civil litigation page give a helpful starting point for understanding the wider dispute picture.
How costs usually work
Costs are one of the most important parts of these claims, because the legal position and the practical position are not always the same.
In County Court housing conditions claims, the court expects parties to follow the Pre-Action Protocol for Housing Conditions Claims in England. That protocol says the court can penalise unreasonable non-compliance with costs sanctions or other sanctions. So if a landlord ignores a proper letter of claim, or a claimant rushes ahead unreasonably, the costs position can shift.
There is also the question of court fees. HMCTS updated its civil court fees in April 2025. The fee for issuing a County Court claim for “any other remedy” is £377, while money claim fees vary depending on the value of the claim. Help with Fees may also be available for eligible applicants.
EPA claims carry their own risks. Because they are private proceedings in the Magistrates’ Court, you should not assume the costs position will automatically work in your favour. If the case is not properly prepared or the court is not persuaded, costs can become a real issue.
That is one reason why early legal advice matters. If you want to understand how costs and recovery are handled in other court-based matters, Atalaw also has a Debt Recovery page which shows how seriously the firm treats procedure and cost control.
How long these claims can take
No solicitor can honestly promise the exact length of a disrepair or EPA case, because it depends on urgency, evidence, the landlord’s response, expert input, and court listing times. But there are some reliable procedural markers.
For a County Court housing conditions claim, the pre-action protocol says the landlord should normally respond to the letter of claim within 20 working days.
If expert evidence is needed, the inspection should usually take place within 20 working days of the response, and the report should usually follow within 10 working days of the inspection.
That means a well-run case can move quite quickly at the pre-action stage. In practice, though, delays often happen because:
- Access is disputed
- Records are incomplete
- Experts need more time
- Settlement talks continue
- The court’s own listing timetable is slow
EPA claims have a different starting point. Before bringing proceedings, the person affected must usually give written notice of the complaint. The minimum notice period is 21 days for most statutory nuisance cases, but only 3 days for noise cases. After that, the complaint can be taken to the Magistrates’ Court.
So the broad picture is simple. County Court disrepair claims tend to start with a structured protocol process. EPA claims start with statutory notice and then a Magistrates’ Court complaint. Urgent cases can move faster, but many still take months rather than weeks once evidence, negotiations, and listings are taken into account.
If you are trying to understand how courts now look at proof and procedure more generally, Atalaw’s Pets, deposits, and rent-related reforms: knock-on effects for possession risk article also shows how evidence and conduct increasingly shape property litigation.
Which route is likely to suit your case?
If your main aim is to force repairs and recover compensation for living in poor conditions, a County Court disrepair or fitness claim is often the more familiar route. If the problem is serious enough to amount to a statutory nuisance, an EPA claim may also be relevant. Sometimes the right answer is not choosing 1 route in the abstract, but choosing the route that best matches your evidence, urgency, and end goal.
That is where good legal advice makes a real difference. Atalaw’s About Us page, Commercial Lease Solicitors For Tenants page, and Business Lasting Power Of Attorney Solicitors page also show the wider property and private client support available from the firm.
FAQs
Can a court force a landlord to carry out repairs?
Yes. In a County Court disrepair or fitness claim, the court can order the landlord to carry out works and can also award compensation. In an EPA claim, the Magistrates’ Court can make an abatement order requiring the nuisance to stop and, where appropriate, penalise non-compliance.
Can you recover compensation as well as get repairs done?
Usually, yes. In a County Court claim, compensation may cover distress, inconvenience, loss of amenity, and damaged belongings. GOV.UK’s Homes Act guidance expressly states that the court can make the landlord carry out repairs and pay compensation to the tenant.
How quickly can a disrepair claim begin?
The usual County Court route starts with the pre-action protocol. The landlord should normally respond within 20 working days, and the expert timetable then follows if an inspection is needed. If the matter is urgent, quicker steps may sometimes be justified.
Do EPA claims go through the County Court?
No. Section 82 EPA claims are heard in the Magistrates’ Court. That is one of the clearest differences between EPA claims and standard housing disrepair litigation.
What should you gather before starting either type of claim?
You should usually collect:
- Photos and videos of the defect
- Copies of emails, texts, and letters
- A timeline of when the issue started and when it was reported
- Records of missed appointments or failed repairs
- Medical evidence if health has been affected
- Details of any damaged belongings or extra expense
That kind of preparation often makes the difference between a weak case and a strong 1. It is also consistent with the approach shown across Atalaw’s Housing Disrepair Services London, Probate Solicitors London, and Wills pages, where clear process and careful documentation are treated seriously.
If you are dealing with serious housing conditions and want clear advice on the right route, speak to Atalaw Solicitors through the Contact Us page. Early advice can help you move faster, control costs, and focus on getting the problem put right.