In this article Mushtaq Khan looks at the new disrepair protocol and highlights the effects of the same upon those dealing with asset management issues.

After a lengthy consultation process of approximately 2 years, the Master of the Roles and the Deputy Head of Civil Justice finally gave their approval to the Housing Disrepair Protocol on 1 July 2003. It comes into force on 8th December 2003. The Protocol will be included in the 33rd Edition of the Civil Procedure Rules, which will be published in December.

It is hoped that the use of the Protocol will result in the whole system of resolving housing disrepair claims being less adversarial and more cost effective. The emphasis is on good practice with the parties’ involved dealing openly with each other from the outset. The aims of the Protocol are to:-

• avoid unnecessary litigation;
• provide for the speedy and appropriate way of carrying out of required repairs;
• ensure that tenants promptly receive any compensation to which they are entitled;
• provide good pre-litigation practice including the early exchange of information and to give guidance about the instruction of experts;
• keep the costs of resolving disputes down.

The types of claim which this Protocol will cover include those brought under Section 11 of the Landlord and Tenant Act 1985, Section 4 of the Defective Premises Act 1972, Common Law Nuisance and Negligence and those brought under the expressed terms of a tenancy agreement. It should be noted that the Protocol does not cover claims brought under the Environmental Protection Act 1990 (which are heard in the Magistrates’ Court) or disrepair claims which originate as counterclaims or set off in other civil County Court proceedings.