Introduction Since April 2009, landlords or agents should serve a letter before claim when planning court proceedings. When to send letter A section 8 notice is ideally served when a tenant is two months or more in arrears. However, a pre action letter could be sent earlier than this in order to save time. Therefore, serve a pre action letter either when the tenant is at least one month in arrears, say, after two weeks arrears. Obviously, if...

This entry is part 3 of 6 in the series Small Claims Procedure ... Please login or signup to continue reading this...

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PRACTICE DIRECTION – PRE-ACTION CONDUCT Sanctions for non-compliance 4.5 The court will look at the overall effect of non-compliance on the other party when deciding whether to impose sanctions. 4.6 If, in the opinion of the court, there has been non-compliance, the sanctions which the court may impose include – ... Please login or signup to...

Introduction From 6 April 2009 the practice direction for pre action conduct was amended and now encapsulates all proceedings where no pre action protocol applies. As there is no pre action protocol for rent arrears and possession cases for private landlords (there is a protocol for rent arrears where the landlord is a social landlord or local authority), this protocol will apply to all section 8, section 21 cases although it’s application...