This option can be expensive (if you are not entitled to Legal Aid) and time consuming. You will need to seek appropriate legal advice to prepare for this.

If you are a tenant, you have a contract with your landlord (even if it is not inwriting). You pay rent for your accommodation and your landlord is responsible for keeping it in reasonable repair. If they do not, they are breaking their part of the agreement and you can take them to court for breaking the contract.

There are two options.

• For claims of £3,000 or less you should use the small claims procedure for small claims you can make an application to the County Court which may be allocated to the Small Claims Track
• For larger claims you will have to go for a full court hearing. You will need the help of a solicitor. The judge can order that the repair works be carried out and/or order the landlord to compensate for damages.

Small claims

You can make a small claim by filling in a form at the local county court with the details of your case. If you are on Income Support, there is no charge. If not, the fee is up to 10% of your claim.

You will need:

written evidence of the repairs that need doing;

copies of letters to the landlord telling them about the repairs;

and if possible, photographs of the repairs needed. You can buy ‘disposable’ cameras if you do not have one.

Your claim will be registered and you will be given a date for a hearing.This will not be in public and will be in a less formal setting, usually with everyone sitting round a table. You can take a representative with you. You will be able to say what you want from the landlord and describe what has happened. You can call witnesses. The landlord will put their side of the story and the judge will make a decision.

County court claims for more than £1,000

You should get the help of a solicitor or adviser. A solicitor will tell you if you can get public funding (used to be known as legal aid). If you cannot, you must consider whether you can afford the action. The action is likely to be expensive and there is no guarantee that you will win. You need as much evidence as possible about the repairs needed and their effect, such as:

photographs;

copies of letters to and from your landlord;

your tenancy agreement;

receipts for replacement clothing or furniture damaged because of the repair not being carried out;

and doctors or other expert reports if appropriate.

The solicitor will tell you if you can make a claim and will handle the matter under your instruction. You or public funding will have to pay the cost. Remember, public funding (Community Legal Service) is generally only available to people on very low incomes or state benefit.

The court does not have to order the repairs. They will decide if the lack of repair is affecting you, for example, if your health is at risk, but they may decide that damages will be enough compensation. >_ Other methods we have described may be more suitable