As a landlord who is now owed a significant sum of rent arrears by a tenant who has absconded, am I legally obliged to initiate the Pre Action Protocol for Debt/Rent arrears before I submit a MCOL or Court proceedings for the arrears? It's so unclear. A debt collection agency told me I must do the Pre Action Protocol as the Court would frown upon it if I didn't and my local solicitor said don't bother. What do you all think, seasoned landlords?
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I would do it then nobody can say anything. -
From the specialists, Mssrs Shelter Legal
https://england.shelter.org.uk/legal...or_debt_claims
i.e. LL should do it to avoid argument, until there's a test case...Scope
The Protocol does not apply where the debt is covered by another Pre-action Protocol, such as the Mortgage Arrears Pre-action Protocol.
The extent to which it applies to rent arrears (or service charge arrears) is uncertain, however any landlord who is considering applying to court for unpaid rent (whether or not as part of a claim for possession) should be aware that the court may consider compliance with the Protocol when making an order, and/or awarding costs.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
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What pre-action should be taken? Is it this https://www.justice.gov.uk/courts/pr...s/debt-pap.pdf ?
or should it be the 14 days to pay, then 7 , then MCOL?Comment
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Is this a real question? A couple of weeks ago the OP was the friend of a tenant who left owing significant arrears...Comment
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It is entirely possible for a landlord to be friends with tenants (or V V ). I've met, known & know many tenants (in addition to tenants of mine), very often nicer than smug home-owners banging on & on about house prices.Originally posted by Ted.E.Bear View Post
You'd be surprised who's a tenant: Me, I'm but a lodger (home owned 100% by wife..)
Others will have alternative views.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
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Of course it is, it would be stupid to suggest otherwise.Originally posted by theartfullodger View Post
But we have somebody who asked as a 'friend of the tenant', while apparently having exactly the same problem as a landlord, but didn't think to mention the weird coincidence...
I think the most likely (not only) explanation is that at least one of them wasn't a real situation.
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This protocal was introduced nearly 4 years ago. It is not listed in the protocals in force in section 18 of this practise direction https://www.justice.gov.uk/courts/pr...action_conduct which was last updated on 1st October 2020. There must be countless cases of residential landlords claiming for rent arrears since the protocal was introduced and there are no reports of the protocal being applicable.Originally posted by theartfullodger View PostComment
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