Guide
No win no fee housing disrepair: the real cost
What "no win no fee" actually means for housing disrepair, how much solicitors deduct, and why the free Housing Ombudsman route is often the better first step.
By the Landlord Record research team
Independent analysis of published Housing Ombudsman decisions. Last updated: 30 May 2026.
Reviewed against Housing Ombudsman published guidance.
This is general information, not legal advice.
Landlord Record is independent and is not affiliated with, or endorsed by, the Housing Ombudsman Service. We organise and analyse decisions published under the Open Government Licence.
"No win no fee" means you do not pay your solicitor upfront if you lose, but it does not mean you keep the full amount if you win. In housing disrepair cases, solicitors typically deduct a success fee, an insurance premium and other costs from any damages before you receive what is left. For social housing tenants, the free Housing Ombudsman route offers compensation, ordered repairs and formal findings — with no deductions and no litigation risk.
To put solicitor projections in context, the current Landlord Record dataset of 16,224 published Housing Ombudsman decisions shows a median compensation award of £450 and an average of £808. The middle 50% of awards fall between £200 and £900. Landlord Record analysis of Housing Ombudsman decisions (Open Government Licence v3.0).
This guide explains how no-win-no-fee deductions work, what the free alternative looks like, and when a solicitor is genuinely worth the cost. We stay neutral: the Ombudsman route is not always sufficient, and court claims are not always necessary. The right path depends on your evidence, the severity of the disrepair, and the outcome you need.
How no win no fee deductions work
A typical no-win-no-fee housing disrepair claim is run under a Conditional Fee Agreement (CFA). The solicitor agrees not to charge you if you lose, but if you win they recover their costs from the opponent and charge you a success fee on top. That success fee is usually calculated as a percentage of the base costs and is deducted from your damages.
For personal injury claims, the success fee taken from damages is capped at 25%. Housing disrepair claims, however, can include property damage, breach of repairing obligations, nuisance and other heads that sit outside that cap. This means the deduction from your award can be higher than 25% in practice.
After-the-event (ATE) insurance is often sold alongside the CFA. It covers the risk that you lose and have to pay the landlord's legal costs, plus your own disbursements such as expert reports and court fees. The premium is typically paid at the end of the case and is also deducted from your damages. If the premium is large, it can substantially reduce what you actually receive.
You may also face disbursements that are not fully recovered from the opponent: surveyor reports, medical evidence, environmental testing, or court fees. Some agreements require you to pay these win or lose; others roll them into the final deduction. Either way, they reduce the net amount that reaches you.
Some CFAs also include a clause about early settlement. If the landlord offers to settle before proceedings start, the solicitor may still charge a success fee or a proportion of the costs incurred to date. This can create pressure to reject a reasonable offer because the deduction makes the net amount unattractive. You should understand who decides whether to accept a settlement and how the fee is calculated at each stage.
The key question to ask any solicitor is not "what is the percentage?" but "what will I receive after all deductions?" Ask for a worked example based on a realistic award, not the best-case scenario. If the solicitor cannot give you a clear net figure, treat that as a warning sign. You should also ask what happens if the case settles early, whether you are liable for any shortfall in recovered costs, and whether the agreement covers the landlord's costs if you lose.
No win no fee vs the free Ombudsman route
Most social housing tenants with a standard disrepair problem have two main routes: a solicitor-led court claim or the free Housing Ombudsman process. The table below compares them honestly on cost, speed, risk and what each can deliver.
| Factor | No win no fee solicitor | Housing Ombudsman (free) |
|---|---|---|
| Upfront cost | Usually none | None |
| Deductions if successful | Success fee, ATE premium, disbursements — often 25–50%+ of damages | None — you keep the full award |
| Typical speed | 6–18 months | Weeks to a few months |
| What it can deliver | Court order for works, damages, injunction | Compensation, ordered repairs, apology, policy change |
| Risk if you lose | Opponent costs, unrecovered disbursements, possible shortfall | None — the service is free and there is no adverse costs risk |
| Best for | High-value claims, personal injury, or landlords who ignore orders | Standard disrepair, repair delays, damp, mould, heating failure |
The table makes a clear point: the Ombudsman route is faster, cheaper and lower-risk for the majority of complaints. It is not weaker — it is different. The Ombudsman cannot award damages in the way a court can, but it can order compensation based on its published remedies guidance, and its orders are binding. For a tenant who mainly wants the repair done, an apology, and a fair compensation payment, the free route often delivers exactly that.
You can explore typical Ombudsman awards using our compensation calculator, or read our guide to housing disrepair compensation for a breakdown by issue type. If you want to understand the full court process before deciding, see our guide to how housing disrepair claims work.
When a solicitor is genuinely worth it
There are situations where a no-win-no-fee solicitor is the right choice. If your disrepair has caused significant personal injury, if your financial losses are large and well documented, or if the landlord has completely refused to carry out essential works despite repeated complaints, a court claim may be necessary. A solicitor can also help if you need a court injunction to force works to happen, or if the landlord has ignored a previous Ombudsman order.
In those cases, the potential award may justify the deductions and the wait. A court can award damages for repair costs, damage to belongings, personal injury and inconvenience in ways the Ombudsman does not. If your claim is genuinely high value, the net amount after deductions may still be substantially more than an Ombudsman award.
However, be cautious of marketing that promises large payouts without assessing your evidence. The Ombudsman median award is a useful reality check against inflated expectations. If a solicitor quotes a figure far above the typical range, ask how many similar cases they have run and what the average net recovery was. A projected gross award is not the same as the money you will actually receive.
There is also a practical difference in control. In the Ombudsman process, you submit your complaint, provide evidence and wait for the determination. In a court claim, you may need to attend hearings, respond to procedural requests, instruct experts and manage disclosure. That time and stress is a real cost, even if it is not deducted from your damages. For tenants who are already dealing with the stress of disrepair, adding litigation can be overwhelming.
The free Ombudsman route is usually the better first step when:
- You mainly need repairs completed, an apology, and modest compensation.
- The landlord has accepted fault but you disagree with the remedy offered.
- You want a faster resolution without legal costs or court stress.
- Your evidence is clear but not extensive enough to justify litigation risk.
- You want an independent finding before spending money on legal fees.
You are not locked into one path. The evidence you gather for an Ombudsman complaint — dates, photographs, emails, medical notes, receipts — is the same evidence a solicitor would need later. An Ombudsman finding of maladministration can even strengthen a later court claim if you decide to pursue one.
How to start the free route
If you choose the Ombudsman route, the process is straightforward. First, make a formal complaint to your landlord and allow it to respond. If you are unhappy with the outcome, or if the landlord does not respond within eight weeks, you can escalate to the Housing Ombudsman directly. The service is free, and you do not need a solicitor.
Our guide to complaining to the Housing Ombudsman walks through the steps in detail. You can also browse decisions in the responsive repairs category to find cases similar to yours and see what the Ombudsman ordered.
Our index currently holds 16,224 published Housing Ombudsman decisions across 603 landlords. Compensation is recorded in 9,417 ordered-award decisions, totalling £7,607,904. Landlord Record analysis of Housing Ombudsman decisions (Open Government Licence v3.0).
Whatever route you choose, keep a clear timeline from the first report to the present day. Include dates, photographs, emails, repair reports, inspection notes and medical evidence where relevant. Both the Ombudsman and the courts are evidence-led, and a well-documented timeline often matters more than the legal label attached to the problem.
If you are already speaking to a solicitor, there is nothing wrong with pausing to explore the Ombudsman route first. You can gather the same evidence, submit a free complaint, and still return to the solicitor later if the outcome is not sufficient. The Ombudsman does not prevent you from bringing a court claim afterwards, although the same facts may have already been determined. Starting free keeps your options open and gives you an independent assessment of your landlord's handling before you commit to deductions and litigation risk.
Frequently asked questions
Is no win no fee really free?
No win no fee means you do not pay your solicitor upfront, but it is not cost-free. If you win, a success fee is usually deducted from your damages. You may also pay an after-the-event insurance premium and unrecovered disbursements. The amount you actually receive can be significantly less than the gross award. Always ask what you will receive after all deductions before signing an agreement.
How much do no win no fee solicitors take for housing disrepair?
Success fees in conditional fee agreements are often 25% to 100% of the solicitor's base costs. For personal injury claims, the success fee deducted from damages is capped at 25%, but housing disrepair claims can include property damage, breach of contract and other heads that sit outside that cap. After-the-event insurance premiums and disbursements are also commonly deducted from damages. Total deductions of 25% to 50% or more of the final award are not unusual. Ask for a written estimate of your net recovery before you proceed.
Do I need a solicitor for housing disrepair?
Not for the free Housing Ombudsman route. Social housing tenants can complain to their landlord and then escalate to the Ombudsman without legal representation. For a court claim, a solicitor is strongly advisable because litigation involves procedural rules, evidence, costs and risk. Some tenants use the Ombudsman first and only involve a solicitor if the outcome is insufficient or the landlord ignores the Ombudsman's orders. See our guide to housing disrepair claims for an honest comparison of the three routes.
What is the free alternative to a disrepair claim?
The free alternative is the landlord complaints process followed by the Housing Ombudsman. The Ombudsman is an independent dispute-resolution service for social housing tenants in England. It is free to use, can order compensation, repairs, apologies and policy changes, and its orders are binding on the landlord. For many standard disrepair problems — damp, mould, heating failure, leaks and repair delays — this route delivers a fair outcome without legal costs or litigation risk.
Can I lose money on a no win no fee claim?
If you lose a no win no fee case, you typically do not pay your own solicitor's fees, but you can still be liable for the other side's legal costs and your own disbursements unless you have after-the-event insurance that covers them. Some agreements also require you to pay a shortfall if the opponent's costs are not fully recovered. Read the agreement carefully, check what happens if you lose, and confirm whether the insurance covers opponent costs, your own disbursements and any adverse costs order.
Is the Housing Ombudsman free?
Yes. The Housing Ombudsman Service is free for social housing residents in England. There is no charge to submit a complaint, no success fee, and no deduction from any compensation ordered. The Ombudsman monitors compliance with its orders at no cost to the resident. It is funded by member landlords, not by complainants.
Sources
The Housing Ombudsman process described here is defined by the Housing Ombudsman Service. For the authoritative position — including its Scheme, Complaint Handling Code and remedies guidance — see the Housing Ombudsman website.
For court-route context, see the GOV.UK page on housing disrepair claims and the Pre-Action Protocol for Housing Conditions Claims (England) . For the Ombudsman's approach to remedies, read its guidance on remedies .
This page summarises and explains that material; it is not produced by the Ombudsman and does not constitute legal advice.