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Letter ahead of action
Geordielad
Posts: 44 Forumite
I'm trying to recover monies owed to me. I've drafted a letter , I'm hoping someone can advise me if it is right before O send it. Or are there any additions needed or anything I shouldn't put in.
Address
Names
This letter is a notice before action, of my intent to recover by legal action if necessary, monies owed by yourselves by non payment of rent on the above property.
A short term assured tenancy agreement was signed by yourselves, to take residence of the above property on 3/1/18.
As I now have a tenant in the property, I am informing you that I intend to claim from yourselves the Stum of £730.00
Consisting of 2 months rent of £450.00 minus £270 That you paid to the estate agent for admin fees, plus two late payment fees of £25 each as per page 5:1:2 of the tenancy agreement.
I would rather not take this action as it will possibly result in yourselves having a CCJ placed against your credit score.
Therefore I am willing to accept £500 in full and final settlement of this matter. I would accept this payment for the 31 days notice you gave on 3/1/19, when you ere due to move in on 7/1/19. Consisting of one months rent, plus 2 late payment charges.
I offer you fourteen days in which to respond to this proposition.
Failing an acceptable response I will consider legal proceedings at no further notice.
Sincerely
Geordie lad. (Name)
Address
Names
This letter is a notice before action, of my intent to recover by legal action if necessary, monies owed by yourselves by non payment of rent on the above property.
A short term assured tenancy agreement was signed by yourselves, to take residence of the above property on 3/1/18.
As I now have a tenant in the property, I am informing you that I intend to claim from yourselves the Stum of £730.00
Consisting of 2 months rent of £450.00 minus £270 That you paid to the estate agent for admin fees, plus two late payment fees of £25 each as per page 5:1:2 of the tenancy agreement.
I would rather not take this action as it will possibly result in yourselves having a CCJ placed against your credit score.
Therefore I am willing to accept £500 in full and final settlement of this matter. I would accept this payment for the 31 days notice you gave on 3/1/19, when you ere due to move in on 7/1/19. Consisting of one months rent, plus 2 late payment charges.
I offer you fourteen days in which to respond to this proposition.
Failing an acceptable response I will consider legal proceedings at no further notice.
Sincerely
Geordie lad. (Name)
0
Comments
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Unclear on the basis of claim; but letter is fine.0
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Geordielad wrote: »Basis is, they signed a contract to rent my flat, but didn't move in or pay rent, it took me two months to get a new tenant. Therefore I lost two months rent.
Ah, that causes a problem. Can you demonstrate mitigation of loss?
Because 2 months is a very long time to find replacement tenants. And I doubt the fee is payable.0 -
Useful examples of "letter before action" on Citizens advice website0
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The agent took the fee, I believe in October when they signed the contract. They informed the agent three days before they were due to move in, they were not going to move in and gave 31 days notice to say so.Ah, that causes a problem. Can you demonstrate mitigation of loss?
Because 2 months is a very long time to find replacement tenants. And I doubt the fee is payable.
I immediately advertised the flat with three estate agents, new tenant moved in on Feb 7.
It was a short term assured contract for twelve months.0 -
Geordielad wrote: »The agent took the fee, I believe in October when they signed the contract. They informed the agent three days before they were due to move in, they were not going to move in and gave 31 days notice to say so.
I immediately advertised the flat with three estate agents, new tenant moved in on Feb 7.
It was a short term assured contract for twelve months.
Not the, YOUR.
Legally speKing you had a contract; no tenancy existed0 -
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Geordielad wrote: »Ok.
My fee then, my point is, do they legally owe me the money I am trying to recover, as they signed a contract to rent my flat for twelve months then did not honour it?
Only if you can demonstrate that you mitigated the loss.
Can you do so?0 -
Geordielad wrote: »Basis is, they signed a contract to rent my flat, but didn't move in or pay rent, it took me two months to get a new tenant. Therefore I lost two months rent.Ah, that causes a problem. Can you demonstrate mitigation of loss?
Because 2 months is a very long time to find replacement tenants. And I doubt the fee is payable.Only if you can demonstrate that you mitigated the loss.
Can you do so?
I think immediately re-advertising shows an intention to mitigate the loss. I'd certainly put that in front of judge.0 -
You have conflicting dates in the text - 3/1/18 and 3/1/19, plus a typo Stum instead of Sum.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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