Landlord and Tenant Law – the Power of the Pre-action Letter
When people think of landlord and tenant solicitors they think ‘big bills’ but often nothing could be further from the case. In this article Nollienne Alparaque, head of the landlord and tenant team at OTS Solicitors talks about the power of the pre-action letter.
UK Online and London Based Landlord and Tenant Solicitors
For an initial consultation or advice on any aspect of landlord and tenant law call the expert London landlord and tenantlawyers at OTS Solicitors on 0203 959 9123 or contact us online.
The power of a pre-action letter
The pre-action letter (also referred to by some as a pre-court letter) is a powerful tool. Prepared carefully it can mean the difference between settling a landlord and tenant dispute after one letter or facing the alternative of what could be lengthy county court proceedings. That is why it is best to get the pre-action letter right.
Nollienne Alparaque is the first to say that a pre-action letter does not have to be written by a landlord and tenant solicitor. Sometimes a landlord or tenant, after an initial consultation, wants to go away, armed with legal advice, to write their own pre-action letter. That is on the basis that if the pre-action letter isn’t successful in resolving the dispute the landlord or tenant will then seek further legal advice on court action.
In Nollienne Alparaque’s view it is often best to ‘front load’ the legal advice and get your landlord and tenant solicitor to prepare and send the pre-action letter for you. That is because many people don’t want to go to court, either because of the expense or time, so they need to give themselves the best chance of successfully resolving the landlord and tenant dispute at the earliest possible opportunity to provide a cost-effective solution.
In Nollienne Alparaque’s experience a significant proportion of claims and disputes are resolved by a pre-action letter so it makes sense to make sure that the letter is prepared to present your very best case and to maximise your chances of reaching a quick settlement.
What is a pre-action letter?
A pre-action letter is a formal letter outlining the dispute between landlord and tenant. The letter is an important document as it will be referred to if court proceedings are started. It pays to set out your case (what is in dispute), the relevant law, the remedy you are seeking and what you intend to do if the landlord or tenant doesn’t do as you ask. It is important to put a timeframe on for the response as otherwise the landlord or tenant won't know if there is any time pressure to reply.
When can a landlord or tenant use a pre-action letter?
A pre-action letter can be use to help resolve any sort of landlord and tenant dispute as the purpose of the pre-action letter is to explain the issue and remedy sought in a formal manner so your landlord or tenant knows how seriously you are viewing the issue and what will happen if they don’t do as you ask.
Examples of when a pre-action letter can be used are:
- Rent arrears.
- Breach of tenancy agreement.
- Deposit dispute.
- Repairs dispute.
Does a pre-action letter commit you to taking court action if you don’t get a positive response?
If the landlord or tenant that you are in dispute with:
- Does not respond to the letter or
- Refuses to accept that there is any validity to your claims or
- Minimises the extent of your claims
You are not committed to starting court action if you choose not to do so. If your landlord or tenant wants to negotiate then you may think that is the best way forward because:
- There is not a one hundred percent guarantee that you will win the court case.
- If you win the court proceedings you may need to enforce the court order if the money is not paid over.
- The court proceedings will cost you in legal fees and you may not get the court to make a cost order or to make a cost order that pays you back one hundred percent of all of your legal fees.
- The court proceedings will take time. A negotiated settlement is normally a lot quicker to achieve.
Best options
If you are involved in any type of landlord and tenant dispute it is best to understand your options and the prospects of success. That can normally be achieved in an initial consultation. The choice is then yours as to whether you then follow that consultation up with a pre-action letter. From the outset, whether you are a commercial landlord, accidental residential landlord, a landlord of a house in multiple occupation, a tenant with an assured shorthold tenancy or licensee, it is important to understand your rights and the relevant landlord and tenant law so you can make cost-effective, commercial choices over how far you pursue the landlord and tenant dispute.
UK Online and London Based Landlord and Tenant Solicitors
For an initial consultation or for advice on any aspect of landlord and tenant law call the expert London landlord and tenant lawyers at OTS Solicitors on 0203 959 9123 or contact us online.