Letter Before Action - how to?

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    Letter Before Action - how to?

    Hi,

    Was supplied a letter before action template from a person on this forum. Have got it ready to go but in the last but one paragraph "I attach a copy of my Claim for..." what format should this attachment take??

    #2
    Letter Before Action example letters?

    Hi all, could anyone point me to some examples/links as I need to write a LBA to a T who has skipped off owing rent. Usual stuff, so I guess there should be some resources lurking around the net? I did a google search but it pulled up LBA's against LLs! and for companies instead. TIA everyone

    Comment


      #3
      Warning letter threatening legal action

      Hi, thanks for contributing to this forum - loads of really useful info.

      I am drafting a letter outling my intention to pursue my tenants unpaid rent through legal channels & am after some tips of what to say, ie, anyone got a template that is effective.

      I suspect there may be a lack of understanding on the T behalf of what he has signed up for, despite him initialling each page of the AST & being given a covering letter outling his obligations.

      Appreciate any advice in advance

      Comment


        #4
        In what way do you suspect your tenant is 'in the dark'? That may affect the format of your letter.

        A letter isn't totally necessary - if applicable, a section 8 notice starts the process rolling and contains everything the tenant needs to know.

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          #5
          Hi thanks.

          I want to send a letter reminding T that he is party to a legally enforcable contract.

          The Agreements section on here seems to have one but it keeps asking me to log in - I have & I still can't access it.

          Comment


            #6
            It is unclear whether you seek possession or want to recover your arrears by the small claims process.

            Please clarify.

            Comment


              #7
              I want to recover shortfall of rent owed as part of 12 month fixed term contract.

              Sorry for any ambiguity

              Comment


                #8
                And what penalty would you threaten if they don't pay? I am trying to work out how hard you want to go at this, and more to the point, if you could actually 'threaten' anything other than eviction (plus bailiffs etc for the £). Threatening legal action without eviction is likely to result in a very painful continuing tenancy and a 'don't give a damn' tenant.

                I really would consider s8 - is there a reason you want the tenant to stay?

                Comment


                  #9
                  You may make a claim though the small claims procedure.Where you would need to send a letter (viz pre action protocol letter) to the tenant outlining the amount of rent arrears and that you wish to take them to court etc.
                  do some reading on the county court procedure for small claims (I'm assuming the rent arrears are below £5,000)

                  But yes the section 8 route could be your best bet, as there is no need for pre action for recovery of your premises.

                  Good luck!

                  Comment


                    #10
                    Originally posted by Poolboy View Post
                    The Agreements section on here seems to have one but it keeps asking me to log in - I have & I still can't access it.
                    Glad it's not just me, then

                    Comment


                      #11
                      Originally posted by Ericthelobster View Post
                      Glad it's not just me, then
                      I had the same problem (posted about it on the 'Forum Usage' forum). Also sent a pm to WillB who fixed it for me.

                      WillB rules
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                      Comment


                        #12
                        Hi Bhaal, thanks for your reply, I am sorry for my late one. The dispute is about a slightly cracked shower tray that was already cracked when I have started the tenancy. Obviously after almost a year it went worse but not that much. The LL has not provided evidences of expenses or quotes, refused ADR and not started Court procedings even threating to do so. Even if I had not to do, I sent a estimator to my previous flat, but it could not make quotes since the LL already removed the shower tray. To make it short the LL is claiming the full deposit plus a month worth of rent since the flat was not ready for other tenants (even if it was advertised on the local papers). I'm in England. Cheers

                        Comment


                          #13
                          Originally posted by pinka View Post
                          Hi Bhaal, thanks for your reply, I am sorry for my late one. The dispute is about a slightly cracked shower tray that was already cracked when I have started the tenancy. Obviously after almost a year it went worse but not that much.
                          Was there an inventory carried out at the start and end of the tenancy, and if so what reference was made to the shower tray being cracked in either/both inventory?

                          Comment


                            #14
                            I am pretty sure there was no mention of a shower tray on the initial inventory, unfortunately I have somehow lost it. The end inventory was an email reporting that damage.

                            Comment


                              #15
                              Originally posted by pinka View Post
                              I am pretty sure there was no mention of a shower tray on the initial inventory, unfortunately I have somehow lost it.
                              Depending how sure 'pretty sure' is, that's probably a big factor in determining the outcome of your proposed court case. Eg, if you signed something at the start of the tenancy to the effect that you agreed there was an undamaged bathroom suite, then you'd likely be on thin ice.

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