Pre-action protocols
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If you are the person starting a court case, it is essential to remember that there may be special steps that you must follow before starting the case. These are called pre-action protocols.
Pre-action protocols apply to certain types of housing cases, including:
- housing disrepair
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professional negligence
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disputes about building works
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eviction cases involving rent arrears, where the landlord is a housing association or a council
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repossession cases involving mortgage arrears
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judicial review
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personal injury.
There may be specific procedures and timetables that must be followed from the date the claim is started. This might include rules about when documents and other relevant evidence should be given to the other side.
It's particularly important to get advice if you are starting a case where a pre-action protocol applies. If you don't follow the correct procedure, the court can order you to pay court costs. Use our directory or the Legal Adviser Finder to find help in your local area.
