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 could be fairly limited.
The full practice direction is available here: http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directio…
What is a pre action protocol?
The Civil Procedure Rules 1998 governing court procedure have several pre action protocols for several different scenarios. For example there is a pre action protocol for personal injury claims, housing disrepair claims and others.
A pre action protocol prescribes a procedure that should be followed before any claim is made. The intention is to try to avoid claims going to court wherever possible
What has changed from 6 April 2009?
It was always the case that a letter before claim must be sent by a claimant before proceedings issued in the court. However, there was no specific protocol to follow. This latest amendment (known as the 49th edition) brings in a pre action protocol for ALL cases where there is no other protocol to follow.
Where can I obtain sample pre action letters?