LBA advice

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    LBA advice

    hi all,

    i'm not very good to when it comes to writing out formal letters so would be grateful for any input.
    i'd like to send the letter for demand for payment of outstanding rent as soon as i have a date for the baliffs.

    is the following ok?

    Dear Tenants from hell (All 5 tenants will be named here)
    You now owe total of £x in unpaid rent and this Debt remains outstanding despite my frequent verbal requests for payment on a 1-2-1 basis, over the phone and text messages.
    I hereby demand that payment of the full amount of the Debt be paid within 14 days from the date of this letter into the following account:

    Mr x
    Bank: x
    Sort Code: x
    Account Number: x

    Please note that if I have to commence legal proceedings in order to secure repayment of the debt owing, this letter will be tendered in court as evidence of your failure to attempt to resolve this matter. You will be liable for any court costs, solicitor fees and any other legal costs that will be used in pursuing the owing debt. Further, a copy of this letter will be posted by recorded delivery to the local homeless department stating that reason for eviction was due to non-payment of rent which will render yourself as being made intentionally homeless.

    I refer you to the Practice Direction (Pre-Action Protocols) in particular paragraph 15 and the sanctions for non compliance. You can find these on the Ministry of Justice website at:
    http://www.justice.gov.uk/courts/pro...action_conduct

    Please be advised that failure to pay will ultimately result in a County Court Judgement against all 5 tenants.

    For your record, I have attached schedule of late payments.

    Yours Sincerely


    #2
    You need to remove the threats, as they will not look good in court.


    After your tenancy, which ended recently, you have rent arrears of £x (???Plus the court fees and bailiff costs and any damage - what about the deposit?????)

    This debt remains outstanding despite my frequent requests for payment face to face, over the phone and via text message.

    I require payment of the full amount of the debt within 14 days from the date of this letter.

    If you wish to pay by bank transfer, please use the following details.

    Mr x
    Bank: x
    Sort Code: x
    Account Number: x

    You can post a cheque to:

    If the debt is not paid, I reserve the right to take legal action without further notice. As you are joint tenants and each liable for the entire debt, the action will be against you all jointly.


    I have attached a schedule of the amounts you owe.

    Yours Sincerely
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      thanks for that much apprecaited.

      regarding depsosit, it's been returned.

      Comment


        #4
        Simply serve S8, all relevant grounds.

        Calm, polite letters look better in court.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by theartfullodger View Post
          Simply serve S8, all relevant grounds.
          can i still do this even though claim form for posession has been served to the tenants?

          Comment


            #6
            I presume you mean s21 claim. Yeah, s8g10 may be served if only 1p is underpaid for 1day. Don't take to court but tenant might take hint for price of stamp
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              yes, s21 claim.

              brilliant, i'll serve s8.

              Comment


                #8
                Check s21 with mark prichard's checker.

                Proceed to court on s21 expiry to evict.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  s21 is only valid for 6 months, inc the reg 2 month period.

                  Comment

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