Question

Ending a Tenancy (England) | England | Practical Tips for a Pain-Free End of Tenancy Handover (England)

Pre-Action Plan prior to serving notice

7 Oct 2020 | 2 comments

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.

 

Answer

2 Comments

  1. guildy

    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/

  2. 1476

    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?

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