What are the MCOL pre-action protocols for rent arrears?
S21 accelerated proceedings are in hand, and the tenant is refusing to move. The council have offered him alternative accommodation options both of which he has refused.
Council have told him the financial/legal implications if he stays until the bailiffs arrive.
I am now considering Moneyclaim online service (MCOL) as I know his current address for the rent arrears. Before proceeding the MCOL website states I have to issue a pre-protocol letter to him or the claim could be refused.
Anyone been through this before, what does the PA letter need to say exactly?
Apart from the arrears, how do you assess other costs to date as the legal costs so far have been covered by the legal part within my insurance cover? Do I add in the cost of postage costs for letters sent too as he was refusing toanswer emails?
Also the annual gas check is due at the end of the month. I have already informed him that access is required but no response.
I doubt the court will grant accelerated before the gas check is due so I assume I just send the info to the solicitor to show I have tried to gain access to do the check but he has refused to engage/grant access?
Another nightmare tenant to deal with!
Thanks,
Reluctant landlord
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Member Since January 2015 - Comments: 1447 - Articles: 1
9:47 AM, 20th May 2025, About 11 months ago
Depends on where your property is
ie England or Wales; Scotland or Northern Ireland.
A 3 minute Google will give you for England & Wales
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct
https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim-aSFAC8Q6Jqan
https://legallens.org.uk/a-guide-to-pre-action-protocol-letters-for-litigants-in-person/
https://www.wonder.legal/uk/modele/letter-before-small-claim?msockid=1b5177a8b50460fa1d8364a2b47361f6
If you have legal cover get the Pre Action letter written by them β itβs what they are being paid for.
What does your tenancy agreement state about how documents are served? Email might not cut it. ALWAYS send by post and get a receipt of posting from a post office.
Write giving notice that the GSC is due on or before x and that your contractor will call them to arrange a convenient time. IF you have a GDPR policy (and have paid the ICO registration) give the contractor their phone number and email address to arrange.
Member Since September 2018 - Comments: 3538 - Articles: 5
11:05 AM, 20th May 2025, About 11 months ago
Reply to the comment left by Judith Wordsworth at 20/05/2025 – 09:47
Thanks! Property in England.
I thought it best I try and arrange this myself this time as easier to provide evidence of contact being made directly. I usually do give the details to the contractor and ask them to arrange with T direct, but in this case might not work so easy….
Contract says service by email is acceptable and tenant signed AST to that effect, but I also issue by post anything like rent increases and legal notices for purely butt covering purposes.