A letter before court action (also known as a letter of claim) addressed to a letting agent is a crucial and formal stage in the legal process, required before starting any claim in the county court. This correspondence serves to give the agent an opportunity to resolve the dispute without the need for court intervention. The letter should set out, in clear and structured terms, the nature of your complaint, identifying the specific breach of contract or statutory duty committed by the agent, and explaining precisely how their actions—or failure to act—have caused you financial loss or inconvenience.
You should clearly outline what you expect the agent to do to rectify the situation, whether that involves refunding money, compensating for losses, carrying out necessary remedial work, or providing a formal apology. It is also important to specify a reasonable timeframe (usually 14 days) within which you expect a written response or resolution before legal proceedings are commenced.
To ensure the letter is complete and effective, it should include:
• Your full name, address, and contact details, as well as those of the letting agent or agency.
• A reference to the tenancy or management agreement, including relevant dates and any specific clause numbers that have been breached.
• A detailed timeline of events, showing when the issue arose, what communication has already taken place, and how the agent has failed to address your concerns.
• Evidence of your losses, such as invoices, receipts, repair costs, or correspondence that supports your claim.
• A clear and firm statement that, unless the matter is resolved within the stated period, you will have no choice but to initiate court proceedings to recover your losses and any associated costs.
By presenting your claim in a factual, professional, and well-documented manner, you demonstrate that you have acted reasonably and given the agent every opportunity to resolve the dispute before resorting to formal legal action. This not only strengthens your position if the case does proceed to court but also increases the likelihood of achieving a satisfactory settlement beforehand.
We have created a free downloadable sample for you to use.
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