Writing a Letter of Action to a Landlord or Agent regarding your deposit

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When writing a formal letter to your landlord, which holds the threat of court action, it is important to make sure all the necessary Pre-Action Protocols are followed in the letter.

What are Pre-Action Protocols?

In plain English, the court encourages a few things to be included in the letter:

  • The correct title (Letter Before Court Action or Final Notice)
  • A clear layout of your grievance
  • Clearly stating which section of which law has been broken
  • Encouragement for the other party to seek legal advice
  • Stating the amount of the claim and what must be done to prevent Court action

Is it Small Claims Court or do I need a solicitor?

If you are a lodger or a licensee your case will be heard in the Small Claims Track, consequently, judges expect tenants to write letters themselves and are much more forgiving of mistakes

If you are a tenant on a normal tenancy (an AST – Assured Shorthold Tenancy), you should have the options go through alternative dispute resolution (ADR) instead of needing to go to court. You are able to do this because your deposit should be registered with a government approved Deposit Protection Scheme.

If your deposit is not protected

If your deposit is not in a government tenant deposit scheme, then you are legally entitled to your full deposit back as well as compensation of up to 3 times your deposit amount.

If you are not sure if your deposit has been protected in a government scheme, please call us on 020 3476 6648 and we will check all the deposit schemes for free and let you know.

If your deposit is not protected, please call us to find out your options and read Your right to compensation. It is important to speak to us before sending any letters as there is a specific wording that we recommend you use to ensure you received the compensation you are legally entitled to.

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