Pre-action protocol Procedure to evict your Tenant

 

This is a sequence of steps for the landlord and tenant to follow before taking a case to Court. It shows that the attitude of the Court is that both parties must do everything possible to avoid Court action. To instruct us to be your agent and handle this procedure, send us this simple "Evict my Tenant Form". 

The expectation of the Court is for the landlord and the tenant to supply each other relevant information so that each side has the same information and is prevented from making a misinterpretation arising from incomplete or wrong information.  The hope is that each side will understand the other’s position and that, on this basis, an agreement can be reached before any Court action occurs. It's not uncommon for tenants to try to use this procedure to suit their own ends.  Experience and know-how allow us to know what to watch out for. Instruct us today by completing this "Evict my Tenant Form".
 
It is definitely in your interest as a Landlord to undertake pre-action protocol procedure because, if you do not perform the  Pre-Action Protocol or perform it incorrectly, you run the risk of having your court Order/Repossession Notice (once obtained) set aside or your application for a Judgement / Repossession being unsuccessful!  To maximise the likelihood of removing your Tenant at the earliest possible time, complete "Evict my Tenant Form " now.

But that’s not all.   If a Landlord does not use the Pre-Action Protocol procedure, the Courts have powers to impose sanctions. These sanctions can take the form of limiting legal costs or even awarding them against the landlord (rather than against the debtor). This can happen even when a Landlord has won the case and obtained the Repossession notice!  To ensure you have experience and Know-how on your side, fill in the "Evict my Tenant Form" now. 

 

 

Residential Landlords can use Pre-Action Protocol to their advantage 

 

All the above means that the Pre-Action Protocol is effectively compulsory. It might seem to be just another burden for a Residential Landlord. 

However, a Residential Landlord seeking payment of Rent Arrears can use the Pre-Action Protocol to his advantage. How ?

Well, as soon as ANY Rent Arrears are accrued, then the Pre-Action Protocol can be set into motion. In other words, there is no need to wait for a minimum of 2 months’ rent arrears unlike the situation with a Section 8 Notice.  

When some tenants see that you are writing as soon as any rent arrears arise and that you do not let things drift, they see that you are serious. As the Pre-Action Protocol procedure requires that all information be disclosed by both parties, they also know that they cannot “pull something out of a hat” later.  This can be enough to get them to start paying their Rent Arrears!  

To instruct us to be your agent and handle Paralegal work accurately and cost-effectively, send us this simple "Evict my Tenant Form".  

 

 

Paralegal Services - right Pre-Action Protocol 

 

Call UK-DebtCollection. Our Paralegal Services Dept. have the expertise to follow the Pre-Action Protocol procedure promptly, correctly and at a reasonable price.

The process consists of :

A letter to the tenant with full details of your claim as a Residential Landlord for rent arrears.

A waiting period of 30 days available for the tenant to reply and ask any questions. 

Once the 30 days have elapsed, then UK-DebtCollection acts on your behalf to inform the tenant of your intention as a Residential Landlord to take the tenant to Court. This takes the form of a Section 8 Notice which gives the tenant 14 days’ notice. 

UK-Debt Collection makes several phone calls during these 14 days. We then send one final letter close to the end of the 14 days with a draft Claim Form attached to show we are not bluffing.

If the claim is defended or a counterclaim has been issued, then we will try and mediate the process through our Paralegal Services Dept.  before submitting the Claim Form to the Local County Court. Our Paralegals are experts at getting a settlement out of court if your claim is in our view "bulletproof".

Our paralegals will ensure you have the right arguments to win the case.

To instruct us to be your agent and handle Paralegal work accurately and cost-effectively, send us this simple "Evict my Tenant Form".