Letter Before Action Solicitors

Whether you are a landlord or tenant who needs help initiating or responding to legal action over a rental property, our expert team of letter before action solicitors in London can help you through every stage of proceedings.

At OTS Solicitors, we can assist with drafting letters before action, setting out the details of a legal dispute you wish to resolve, as well as the outcome you are seeking. If you have received a letter before action, we can clearly explain your legal position and how to respond.

With our expertise, we can give you the best chance of securing a favourable outcome at an early stage, helping to avoid the need for more formal legal proceedings.

For a detailed discussion regarding a letter before legal action or to book an appointment with one of our landlord and tenant team, please call us now on 0203 959 9123.

Our team can provide clear advice on matters including:

Please note: the information provided on this page is for general interest purposes only and should not be taken as legal advice. If you need specific legal advice, our team will be happy to assist you.

Speak to our letter before action solicitors today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our letter before claim solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.

Letters before action explained

What is a letter before action?

A letter before action is a letter that can be used in the early stages of a legal dispute. The letter is normally drafted by a solicitor on behalf of one of the parties to a dispute, who feels they have a claim against the other. They are also sometimes referred to by other names, such as letters before claim, pre-action letters, pre-action protocol letters and letters of action.

The letter will set out key details, such as the nature of the dispute and what action the claimant would like the other party to take to resolve the dispute. The letter will normally set a date by which the other party should respond to avoid further legal action by the claimant.

Letters before action can be very effective as a means of resolving disputes between landlords and tenants. They allow a claimant to clearly express what they are concerned about and show the defendant that the claimant is serious about resolving the issue.

You can read more about the effectiveness of letters before action in our article Landlord and Tenant Law – the Power of the Pre-action Letter.

How to write a letter before action

There are various templates you can use to write a letter before action, but we generally advise clients to have a solicitor draft a bespoke letter for them. This is because you need to make sure that the specific circumstances of your case have been carefully considered and reflected in the letter.

Having a solicitor draft a letter before action for you also helps to show that you are serious and can make it more likely that the defendant will agree to a settlement. Additionally, your solicitor would normally then be the one handling any follow-up correspondence, taking the hassle and stress of dealing with this off your hands.

If you would like advice on a landlord-tenant dispute and help with drafting a letter before action, please get in touch and we will be happy to help.

When might a landlord send a letter before action?

There are various circumstances where a landlord may feel it is appropriate to send a letter before action to a tenant. Generally, this would only happen where the landlord has attempted more informal communications with a tenant first to try to resolve a dispute.

When dealing with issues such as rent arrears, a letter before action can act as a strong motivator to get the tenant to agree a payment plan. In other instances of breach of contract, a letter before action can also be very effective e.g. where a tenant is allowing unauthorised people to live on the property or is engaging in anti-social behaviour.

Something landlords need to be very careful about is the potential for accusations of landlord harassment. Getting a solicitor to draft a letter before action can help to show that you are dealing with a dispute in a professional way, while also acting as a suitable way to escalate matters without falling into the trap of repeatedly contacting tenants in a more informal way that might potentially be considered harassment.

When might a tenant send a letter before action?

Tenants might use a letter before action if their landlord is either taking wrongful actions or failing to take required actions with respect to the property they are renting. For example, where the tenant believes they have grounds for a housing disrepair claim over a landlord’s failure to carry out required repairs or maintenance.

How serious is a letter before action?

A letter before action should be taken seriously if you receive one. You should consult a legal expert and, in most cases, it will be advisable to respond to the letter writer by the date they have set for a response. This does not mean you have to agree to what they are asking for, but responding can help to start negotiations and move you towards achieving a positive outcome.

If you have received a letter before action, then please get in touch and we can advise you on how best to respond.

What happens if you ignore a letter before action?

It is rarely, if ever, a good idea to simply ignore a letter before action. Even if you feel that the allegations it contains are unreasonable or entirely wrong, you should still consult a solicitor and have them draft a response for you.

Failing to respond to a letter before action could make it more likely that you will end up facing court proceedings, such as a hearing in small claims court. It could also be taken by a court as a sign that you have refused to engage with the claimant’s attempts to resolve the matter out of court, which could count against you in court.

Our fees for dealing with a letter before claim

We can typically produce a letter before action for you for a fixed fee. If any additional support is needed, such as follow-up correspondence or help with negotiating a settlement, then this would be charged separately, either on a fixed-fee basis or according to an agreed hourly rate.

The cost of legal support should always be weighed against the likely value of the outcome you are hoping to achieve. Our letter before claim solicitors will provide a clear indication of the likely costs involved at the outset, so you can make a sensible decision about how to move forward.

Speak to our letter before action solicitors today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our expert team about a letter before claim, please call now on 0203 959 9123 or use our simple online enquiries form.

Your Questions and our answers about Letter Before Action

I have let my property to an estate agent (who my contract is with, the contract states the house will not be used as a HMO) and they have a contract with a Care Company to sublet to them. The care company provides supported living for adults with learning disabilities. I have been told by the estate agent no HMO required. Maximum of 3 adults living there. Is a HMO licence required?

Thank you for your enquiry.

You should always check with your local authority directly on the requirements for an HMO Licence. Based on the information provided, you may need to obtain one and there can be penalties for applying for this retrospectively. We would recommend that you get in touch for more information and visit our sponsorship licence pages. Please contact us on 02039599123 or click here

Hi it’s been a month me,my wife and 9 month son rented a studio on 2nd floor , the agreement said 12 month fixed with 1 month notice. But studio drainage have problem and smells very bad, the agency tried once putting chemicals in the drains but still same. I also have to keep using chemicals to ovoid smell but it’s not healthy for my son . It’s very inconvenient so We gave one month notice but the agency says we need to pay remaining months rent or two months penalty is that true.what can we do?

Thank you for your enquiry.

You may have the elements of a claim for disrepair. It is ultimately the landlord’s responsibility to address these issues within a reasonable period and the period of time depends on the severity and urgency of the issue. An objective approach is usually applied to determine what constitutes ‘reasonable’. We can assist with all aspects of housing law and disrepair. Unless you come to a neogotiation, the contractual clauses will persevere and you should check the ‘notice’ section of the agreement. For more information, please contact us on 02039599123 or click here

I have been sent a Particulars of Claim for possession / Notice of forfeiture of lease without any warning, I have been a paying tenant since 2019 and my rent was 1 month over due (which I paid immediately). I am not sure what to do because they have offered to extend my tenancy agreement on the condition I pay their legal fees of £2500.00+ and I feel attacked (slightly blackmailed). I understand my rent was late on this occasion but surely a court order is a bit extreme? Maybe I am wrong but I need some advice.

Thank you for your enquiry.

The claimant should have sent you a pre-action letter before action prior to proceeding straight to a claim. This is a part of the protocol for these disputes and would have given you the chance to respond and come to a settlement. I would suggest you get in touch to discuss this in further detail. For more information, please call 02039599123 or click here

My landlord is refusing to release the deposit from a deposit protection scheme unless we sign a form saying we will take no further action against him or his company. This is not in the tenancy agreement and we are raising a dispute. Does he have any standing to force us to sign this agreement before he agrees to deposit release?

Thank you for your enquiry.

Unless there is a specific clause in your agreement that either party is protected against future claims, your landlord cannot force you to sign this document. You may wish to raise a dispute with the Tenancy Deposit Scheme first and if this unsuccessful, please get in touch for an initial meeting. For more information, please call 02039599123 or click here

My landlord hasn't protected my deposit, until a year + later of the date I moved in. He also doesn't have a license, which according to the council isn't required however the house doesn't meet HMO regulations (no fire doors) he also only has provided us with EPC, GAS, EICR certificates, so a year + after moving in. He has tried to bribe me out of the house for reporting all of these issues to council what can I do?

Thank you for your enquiry.

There are laws covering deposit protection and HMO requirements for tenancies and it appears that a number of these may have been breached by the landlord of the property. There are specific actions you may be able to take however we would need to have sight of the Tenancy Agreement and other documentation to determine the merits of any claim. For more information, please call 02039599123 or click here

Long term tenants won’t vacate property which I have to sell due to mortgage rate increases. I’ve served a ‘notice to quit’ section 21 but tenant still haven’t moved out and notice date has passed. They are on housing benefit and I may lose my buyer if they don’t get something soon. What should I do?

Thank you for your enquiry.

You may be able to issue possession proceedings depending on the validity and expiry date of the Section 21 Notice. We would need to assess the merits and have sight of your documentation and statements to determine which course of action to take. For more information, please call 02039599123 or click here

I have a one year fixed term with no break clause but due to change in my job location I have to vacate the house, now the LL is asking me to pay the rent for the full term and also half of the fees that he has spent on securing a new tenant. My question is how do I legally avoid to pay the rent for the remaining term

Thank you for your enquiry.

You may wish to enter into negotiations with the agents or landlord to secure an early surrender and to minimise rent liability for the remainder of the contract. There are options available that you may be able to apply to strengthen your negotiating position and we suggest you contact the firm in order to discuss the merits. Please call 02039599123 or click here

Since we moved into our 2 bedroom flat, we have had a list of repairs which we raised as and when they have come up. They have taken an average of 12 weeks to repair, with some taking up to 21weeks, including a wwindow which was tajken out becuase it was rotten and had to be boarded up whilst we waited for a new one to be made. This occurred over the coldest months of the year (November-January) and the property is very draughty, which we alerted the agent/landlord to around 6 weeks ago, but they've done nothing. I have in writing from around November from our agent that there were problems on their end including not being able to contact the landlord and communication problems from their employees. How much compensation should I ask the landlord for? I didn't believe that these repairs have been completed in 'reasonable time'.

Thank you for your enquiry.

You may have the elements of a claim for disrepair. It is ultimately the landlord’s responsibility to address these with a reasonable period and the period of time depends on the severity and urgency of the issue. An objective approach is usually applied to determine what constitutes ‘reasonable’. We can assist with all aspects of housing law and disrepair. For more information, please contact us on 02039599123 or click here

Hi, I had moved into a new build and within 2 months, huge damp and cracks from an external leak had damaged part of the property creating damp. I’ve reported it which is now nearly two years since, in writing, through the estate agent, via what’s video and pictures with the landlord and nothing has been done at all. There are other reported issues with the property that for over a year have not been fixed or sorted

Thank you for your enquiry. If these disrepair issues have not been addressed since the time of reporting two years ago then you may have a valid claim under implied disrepair legislation. Repairs must be addressed within a ‘reasonable period’. For more information please call us on 02039 599123 or contact us here.

Can a landlord enter the property without tenants permission?

Thank you for your enquiry.

Your landlord should give you a minimum of 24 hours notice before turning up at your property and should always seek your permission first irrespective of what is contained in your tenancy agreement. Continuous breaches may amount to a form of harassment.

You can call us on 02039 599123 or contact us here.

The agent served me notice to break our tenancy agreement over the phone, but is now denying thats what was said, and that no notice was ever served in writing (as required by the tenancy agreement). We have since arranged to move out and are loathe to pay them an extra month's rent (which we would have to do if we served notice now)

Thank you for your enquiry.

This would depend on the circumstances of your tenancy agreement and whether you are a tenant or licensee. Usually notices need to be served on a prescribed form such as section 8 or section 21 for the to be valid notices.

For more information, you can call us on 02039 599123 or contact us here.

Hello I am a long term tenant, in a two bed room house, my landlord raised the price to £145 from November 2011 till July 2022. First time he asked for£45 from 2016 and now ask for £100 more From 2022. Is this legal? Send answers by email please Thank you

Thank you for your enquiry.

You may be in a position to challenge the rent increase and your landlord may then be required to submit a section 13 notice. You should however note that your landlord may take steps to evict you if you do not agree to the increase.

For more detailed information, you can call us on 02039 599123 or contact us here.

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