Letter before claim for rent arrears

A letter before claim for rent arrears is the formal letter you send before starting a court claim for unpaid rent. If you're claiming money from an individual tenant or guarantor, follow the Pre-Action Protocol for Debt Claims: post the letter, enclose a statement of account, the protocol's Information Sheet and Reply Form and a Financial Statement, and wait 30 days before issuing.

When do you need a letter before claim?

It depends on what you're claiming.

Claim	Pre-action rules
A money claim for arrears, for example after the tenant has left, or against an individual guarantor	The Pre-Action Protocol for Debt Claims applies to "any business (including sole traders and public bodies) claiming payment of a debt from an individual". Whether a private landlord counts as a business isn't defined, so complying is the safe course
A possession claim on a Section 8 notice	There's no pre-action protocol for private landlords' possession claims. The social landlord protocol doesn't apply. The court's general practice direction expects you to write first with concise details of the claim and to consider alternatives to court
Possession plus arrears in one claim	You can ask for the arrears in the possession claim itself (N119 section 10.1), with no extra issue fee for the money part

Two things a letter before claim can't do:

• It can't replace a Section 8 notice. To get possession you still need a valid Form 3A, served with the right notice period.
• It can't be sent during a breathing space. If the tenant is in a Debt Respite Scheme breathing space, don't contact them about the debt, and no money claim can be issued until it ends.

This template is for England. Wales, Scotland and Northern Ireland have their own rules.

What the letter must contain

The protocol (para 3.1) sets out what the letter of claim must include and enclose.

The letter must...	Where in our template
State the amount of the debt	Paragraph 2
Say whether interest or other charges are continuing	Paragraph 3
Give details of the agreement the debt arises under	Paragraph 1
Explain why any current instalment offer isn't acceptable, if there is one	Optional paragraph
Say how the debt can be paid	Paragraph 4
Enclose an up-to-date statement of account	Enclosures
Enclose the Information Sheet and Reply Form (Annex 1)	Enclosures
Enclose a Financial Statement (Annex 2)	Enclosures

Letter before claim template

[Your full name]
[Your address in England or Wales for serving notices]
[Your phone number] | [Your email]

Date: [date of posting]

To: [Full name of the tenant or guarantor]
[Their current postal address]

Dear [Name],

LETTER BEFORE CLAIM: unpaid rent for [property address]

1. You [were / are] a tenant of [property address] under a tenancy
   that began on [date], at a rent of £[amount] per [month/week].
   [For a guarantor: You guaranteed the tenant's rent under a
   guarantee dated [date].]

2. Rent of £[total] is unpaid, as shown in the enclosed statement of
   account, which lists each rent payment due, each payment received
   and the balance up to [date].

3. [I am not adding interest or charges to this amount.] OR
   [I intend to claim interest on this amount at [rate] from [date],
   as set out in the statement of account.]

4. Please pay £[total] to [account name], sort code [sort code],
   account number [account number], reference [reference], or contact
   me to discuss how you can pay.

[Optional: You offered to pay £[amount] per [month]. I cannot accept
that offer because [reason, for example it would not clear the debt
within a reasonable time].]

5. I enclose an Information Sheet and Reply Form, and a Financial
   Statement. Please complete the Reply Form and return it to me within
   30 days of the date of this letter. If you need more time because
   you are getting debt advice, please tell me on the Reply Form.

6. If you do not reply within 30 days of the date of this letter, I
   may start court proceedings to recover the debt without further
   notice. I would prefer to resolve this without going to court.

Free, independent debt advice is available, for example from Citizens
Advice. You may wish to speak to an adviser before replying.

Yours sincerely,

[Your name]

Enclosed: statement of account; Information Sheet and Reply Form;
Financial Statement

Timing: when can you issue the claim?

The protocol sets clear time points (paras 3.2–8.2):

1. Date the letter at the top and post it that day or the next. It must go by post; email can be used as well.
2. No reply: you can start proceedings 30 days after the date on the letter.
3. The debtor says they're getting debt advice: allow a reasonable period, and in any case at least 30 days from their reply or from when you provide documents they asked for.
4. Documents requested: supply them within 30 days.
5. No agreement after an exchange: give 14 days' notice before you issue.

If you skip these steps, the court can take that into account, including through costs and interest. If you plan to claim interest, check the rate in GOV.UK's "Make a court claim for money" guidance before you put a figure in the letter.

To issue, you can use paper form N1 or the online money claim services. Read making a money claim online and recovering arrears after the tenant leaves. For a guarantor, see claiming against guarantors.

What not to do

• Don't inflate the figure. Claim only rent that was lawfully due, and show it on the statement.
• Don't threaten anything other than court action, and nothing that could amount to harassment.
• Don't send it, or add interest or charges, during a breathing space.

If the tenant disputes the debt or raises a disrepair counterclaim, speak to a solicitor before issuing.

What to do next

• Claiming possession as well as the arrears? Our possession court pack prepares the N5 and N119, including the arrears, ready for you to sign and file. Read claiming rent arrears in court first.
• Browse the other landlord letter templates.