Disrepair

Tell us as soon as you notice a problem:

• Call 01724 279900
• Log in to My Home online
• Visit us in person
• Email enquiries@ongo.co.uk

When you report:

• describe the problem clearly
• say if you think it affects your health or safety
• provide photos or video if you can
• keep copies of emails, texts and letters
• tell us about any vulnerability or health condition that may be relevant

A repair report is a service request. It is a request for us to take action and put something right. It is not automatically a formal complaint.

A complaint is different from the repair itself. It is an expression of dissatisfaction about the standard of service, an action or a failure to act. Examples include:

• taking too long to complete a repair
• carrying out poor-quality work
• missing appointments or communicating badly
• failing to follow the tenancy agreement or repairs policy
• failing to respond appropriately after you reported the problem

No access by itself is not a service failure by us. If we cannot inspect or complete work because reasonable access has not been provided, that may delay the repair and affect how the situation is assessed. However, we remain responsible for managing repairs appropriately and should not simply close matters without proper evidence and communication.

If you are unhappy with the response to your repair request, tell us clearly that you want to make a formal complaint. We have a two-stage complaints process:

• Stage 1: acknowledge within 5 working days and respond within 10 working days of acknowledgement.
• Stage 2: acknowledge an escalation within 5 working days and respond within 20 working days of acknowledgement.

You will not be penalised for making a complaint and it will not affect your tenancy.

If you remain unhappy after our final complaint response, you can contact the Housing Ombudsman. It is free, independent and impartial. You can normally refer a complaint within 12 months of the landlord’s Stage 2 response.

The Ombudsman can order or recommend remedies such as an apology, further investigation, repairs, policy changes and compensation. It generally does not reimburse residents for solicitor fees used to pursue a complaint, so using a solicitor for the complaints route can reduce the value of any financial remedy.

When you report a repair, please help us inspect and complete it by:

• allowing reasonable access in line with your tenancy agreement
• keeping agreed appointments, or contacting us promptly if you need to rearrange
• telling us if you need a particular time, a chaperone or another reasonable adjustment
• keeping children and pets safe while work is taking place
• telling us about access concerns so we can find a workable arrangement

The Pre-Action Protocol for Housing Conditions Claims says tenants must allow the landlord reasonable access for inspection and works. It also requires the tenant’s letter of claim to state when access is available.

Repeated or unreasonable no access can:

• delay inspection and repairs, leaving the problem and any health or safety risk unresolved for longer
• make it harder to establish what the defect is, what caused it and how long it has existed
• affect a court’s assessment of whether the landlord had a fair opportunity to investigate and repair
• affect the amount of compensation claimed if the tenant’s actions contributed to the delay or loss
• lead to an application for an injunction requiring access, in appropriate circumstances
• result in reasonable costs being charged to the tenant where the tenancy agreement and our relevant policy allow this, such as avoidable contractor attendance or access-related legal costs

A court will look at the evidence and the circumstances. It will not treat every missed appointment as deliberate refusal. Genuine difficulties – such as illness, disability, work, caring responsibilities, fear, communication problems or poor notice – should be explained so a reasonable solution can be arranged. The key issue is whether access was reasonably requested, whether the tenant had a fair opportunity to provide it, and whether the parties acted reasonably.

We should keep accurate records of appointments, notice, attempted contact and the reasons given for non-attendance. Tenants should also keep their own records.

If a solicitor starts a housing conditions claim, access is still needed. The landlord may need to inspect, carry out works and respond to an expert report. Starting the Pre-Action Protocol does not remove the need to allow reasonable access, and it does not prevent the repair or complaints process continuing.

A “no win, no fee” arrangement is usually a Conditional Fee Agreement, or CFA. It is a contract between you and your legal representative. The exact wording matters.

Usually:

• if the claim loses, you do not pay your solicitor’s own legal fees, subject to the CFA terms
• if the claim wins, most basic legal costs may be recovered from the landlord
• a success fee may be deducted from your compensation
• ATE insurance, expert reports or other disbursements may also affect what you receive

“No win, no fee” does not always mean “no cost” and does not mean that the case carries no responsibilities. The Solicitors Regulation Authority advises consumers to ask who is liable for costs in different situations.

A success fee is often up to 25% of general damages in these claims. General damages usually relate to inconvenience, discomfort and loss of amenity. Special damages, such as proven damage to belongings or other financial losses, may be treated differently, but you must check the agreement.

ATE insurance premiums, expert fees and other deductions may reduce the final amount further. Ask for a written calculation of the likely deductions before signing.

A legal claim is not simply an application for a payment. You may be expected to:

• provide instructions and information
• attend inspections or medical/expert appointments
• answer questions from your legal representative
• attend a court hearing if required
• give truthful evidence and be questioned by the other side

The CFA should explain these obligations. Under the Conditional Fee Agreements Regulations, an agreement may provide that you become liable for legal fees and expenses if you fail to cooperate, fail to attend a medical or expert examination or court hearing reasonably requested by your legal representative, fail to provide necessary instructions, or withdraw instructions.

This means that deciding later that you do not want to attend court could have financial consequences. Depending on the agreement and circumstances, the solicitor may pursue you for fees or expenses even if the claim does not succeed. Do not sign until you understand exactly what happens if you cannot or will not attend. If you have a genuine barrier, tell the solicitor at the outset so reasonable arrangements can be considered.

If a claim is unsuccessful, you may not have to pay your solicitor’s own fees under the CFA. However, the court may order you to pay some of the landlord’s costs, and you may remain responsible for costs or disbursements not covered by the agreement or ATE insurance. The risk depends on the claim, the court track, the conduct of the parties and the precise funding arrangements.

The court can also consider unreasonable conduct or failure to comply with the Pre-Action Protocol when deciding costs or other sanctions. The Protocol’s purpose is to avoid unnecessary litigation, encourage early repairs and keep costs down.

A Housing Ombudsman remedy is for a service failure or maladministration. It is not the same as damages awarded by a court. If we or the Ombudsman awards compensation through the complaints route, there is no solicitor success fee or ATE deduction from that award. Subject to any separate lawful arrangement, the compensation is paid to the tenant in full.

This is why it is important to compare the net amount you would receive, not only the headline figure. The Ombudsman’s guidance says residents generally should not need a solicitor to make or progress a complaint and is unlikely to reimburse solicitor fees except in exceptional circumstances.

A court claim is a legal claim about alleged breaches of repair or fitness obligations. It may include compensation for loss of use, inconvenience, damage to belongings and, in some cases, personal injury. The amount is not automatic and depends on evidence, severity, duration, notice, access, causation and the court’s assessment.

After a success fee of up to 25% of general damages (the legal term for compensation), plus any applicable ATE premium or other deductions, a tenant might receive as little as 75% of the general-damages element. This is an illustration, not a guaranteed outcome or a universal calculation. Some agreements can produce different deductions, so read the actual CFA.

There is no reliable official national average award for housing disrepair claims broken down by small claims, fast track or other track. Publicly available court statistics generally report volumes, allocation and time to trial, not average damages by housing-disrepair track.

Be cautious of advertisements quoting typical awards or suggesting a guaranteed amount. Published figures from websites may be selective, may combine settlements and judgments, and may not be comparable with our cases.

For context, court-track allocation is not determined simply by the headline compensation:

• Small claims is the normal track for a residential tenant’s repair claim where estimated repair costs are not more than £1,000 and other damages are not more than £1,000.
• If those thresholds are exceeded, the claim will typically be allocated to fast track, subject to the Civil Procedure Rules and the court’s case-management decision.
• Small-claims costs are usually limited, but the court can still award specified costs and can make different orders for unreasonable behaviour.

As a result, it would be misleading to publish an “average award” as though it were a likely payment to an individual tenant. The net outcome can be lower, higher or zero.

A disrepair claim normally involves several stages:

1. The condition is reported to the landlord and an opportunity to repair is given.
2. The tenant gathers evidence and obtains advice.
3. A formal Letter of Claim is sent under the Pre-Action Protocol.
4. The landlord responds, normally within 20 working days.
5. Records are exchanged and an inspection or expert report may be arranged.
6. The parties negotiate repairs, compensation and costs.
7. If unresolved, proceedings may be issued in the County Court.
8. The court sets directions, evidence deadlines and possibly a hearing or trial.
9. The tenant may need to attend and give evidence.
10. A settlement or judgment is reached, followed by repairs and payment arrangements.

The Protocol is designed to encourage early settlement, but it is still a formal process involving evidence, appointments and deadlines.

There is no fixed total duration. Market guidance commonly describes settled cases as taking several months, with many estimates around 6–12 months; cases that proceed to a hearing can take longer. Court statistics show that fast, intermediate and multi-track civil claims had a median of 57.4 weeks to reach trial in October–December 2025, although this is not a housing-disrepair-specific figure and should not be treated as a forecast for an individual case.

Repairs may start before the claim ends, and a tenant may spend months dealing with inspections, evidence, correspondence and appointments before any compensation is paid. A legal claim is therefore not a guaranteed or immediate payment route.