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Landlord Guide

Pre-Action Protocol for Debt Claims

Follow the correct pre-action debt process before issuing a county court claim.

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  • Jurisdiction-specific documents for UK landlord workflows
  • Step-by-step guided wizard built to reduce mistakes and rework

What is the Pre-Action Protocol?

The Pre-Action Protocol for Debt Claims came into force on 1 October 2017. It applies to any business (including landlords) claiming payment of a debt from an individual.

The protocol aims to:

  • Encourage early communication between parties
  • Help debtors understand what is being claimed and why
  • Enable debtors to seek advice before proceedings start
  • Promote settlement without going to court

Important

Failure to comply with the protocol can result in the court awarding costs against you, even if you win your claim. Always follow the protocol properly.

Steps in the Pre-Action Protocol

Step 1: Letter Before Claim

You must send a Letter Before Claim that includes:

  • The amount of the debt
  • How the debt arose (e.g., unpaid rent from tenancy at [address])
  • Whether interest and charges are being claimed
  • Details of how the debt can be paid
  • Information about free debt advice services
  • A Reply Form for the debtor to complete
  • An Information Sheet explaining their options

Step 2: Wait 30 Days

After sending the Letter Before Claim, you must wait at least 30 days before starting court proceedings. This gives the debtor time to:

  • Seek debt advice
  • Pay the debt
  • Propose a payment plan
  • Dispute the debt

Step 3: Consider the Response

If the debtor responds within 30 days:

  • They pay in full: Claim resolved
  • They propose payments: Consider accepting if reasonable
  • They dispute the debt: Review their objections before proceeding
  • They request more information: Provide what's reasonably requested

Step 4: Start Court Proceedings (if needed)

If the debtor doesn't respond, doesn't pay, and doesn't make reasonable proposals, you can start court proceedings using Money Claim Online (MCOL).

What Must the Letter Before Claim Include?

The Letter Before Claim must contain:

  1. Your name and address
  2. The debtor's name and address
  3. The total amount claimed
  4. How the debt arose (brief summary)
  5. Whether interest is being claimed (and how calculated)
  6. Any charges being added
  7. How payment can be made
  8. A deadline of at least 30 days to respond

Enclosures with the Letter

You must include with your Letter Before Claim:

  • Reply Form: A form the debtor can use to respond
  • Information Sheet: Explains their options and where to get advice
  • Financial Statement: Form to complete if requesting a payment plan

Timeline Summary

DayAction
Day 0Send Letter Before Claim
Days 1-30Wait for response
Day 30+Consider response (if any) and decide whether to proceed
Day 31+Start court proceedings if appropriate

Pre-Action Protocol FAQ

Unlike generic form builders, we validate 20+ legal requirements before generating court-ready documents — reducing the risk of rejected claims.

  • Compliance checks included before documents are generated
  • Jurisdiction-specific documents for UK landlord workflows
  • Step-by-step guided wizard built to reduce mistakes and rework
The pre-action protocol sets out steps creditors must take before issuing court proceedings. It aims to encourage settlement without court action, including sending a Letter Before Claim and allowing time to respond.
It must state: the amount owed, how the debt arose, details of any interest claimed, how to pay, the deadline to respond (30 days), and that court action may follow if not paid.
You must wait at least 30 days from when the debtor receives the letter before starting court proceedings. This gives them time to respond, dispute the debt, or propose a payment plan.
The court may penalise you on costs, even if you win. You might be ordered to pay the defendant costs or have your costs reduced. Following the protocol also makes your case stronger.
Yes, the protocol applies to all debt claims. However, non-compliance is less likely to result in severe cost penalties in small claims (under £10,000) compared to higher value claims.
If they dispute the debt, consider their response before proceeding. If they propose a payment plan, consider if it is reasonable. If they ignore it or refuse to pay, proceed to court after 30 days.

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