The infomation on the Guilds website appears to imply a “pre-action plan” only applies if rent arrears are the reason for giving notice to the tenant. Is this correct?
Also is there any template letters availible for when the “pre-action plan” is to followed prior to serving notice for a rent arrears issue.
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You are right the main thrust of the majority of the pre-action plan is about rent arrears.
However, within the five steps (which must be followed before serving section 21 or section 8), the first step says “The landlord should write to the tenants outlining the reasons possession is being sought.”
The steps then go on to say “if possession is for rent arrears …”. This shows that whatever the reason, we must outline the reason possession is being sought before serving. Then, “if” the reason is rent arrears, there are extra steps to take (as outlined in the plan).
We haven’t had chance to prepare any templates as yet but it is high up on our to do list.
Full details here: https://www.landlordsguild.com/understanding-possession-action-during-covid-19/
A s21 is a non conditional notice so how can a landlord comply with both s21 and pre-action plan requirements if served for rent arrears when the pre-action plan require the tenant to “agree an affordable payment plan”? Because surely that is implying or stating the s21 will not be acted on if the arrears are paid. Doesn’t this go back to the advice of never serving a S21 with an accompanying letter?
Hi Guildy,
I’ve had a tenant in my property on a 6 month AST which ended on 31st March. During the tenancy he has fell behind in rent payments and owes 3 and a half months rent. My Agent has issued a number of letters & finally a Section 8 notice which expired on 15th April. The tenant did pay £1400 but this was still short of the rent due on1st April & has not covered any arrears. What’s my next step – I ask as my Agent is not forthcoming & I’m not happy with their service but probably need them at this critical time. Any advice would be appreciated
The first thing to check is if the section 8 is valid. Depending when it was served, it has to be at least 6 months long at the moment where arrears are below 6 months.
From what you say, we can’t see how long enough notice has been given (but we might be wrong, see link below).
Please see here for guidance on giving notice at the moment which also has a link to a table with dates.