The pre-action protocol for rent arrears: who it binds, and what your letter before action must say

In England and Wales, the phrase rent arrears pre-action protocol is often used for three different things: the social-landlord possession protocol, the Debt Claims protocol, and the general pre-action conduct direction. The right one depends on who is claiming, what they are claiming for, and whether the claim is for possession or only money.

What is the pre-action protocol for rent arrears?

The rent arrears pre-action protocol in England and Wales is Part 2 of the Pre-Action Protocol for Possession Claims by Social Landlords, and it is a possession protocol for social landlords bringing claims based only on arrears. The Civil Procedure Rules page states: “Part 2 relates to claims which are based solely on rent arrears.” Its first practical step is not a formal 7-day demand but early contact: the landlord should discuss why the arrears arose, the tenant’s finances, benefit entitlement, and repayment. The protocol says: “If the tenant falls into arrears, the landlord should contact the tenant, as soon as reasonably possible, to discuss: the cause of the arrears; the tenant’s financial circumstances; the tenant’s entitlement to benefits; and repayment of the arrears.” Northern Ireland has a separate social-housing ejectment protocol, which “applies to proceedings taken by landlords in the social housing sector based solely on claims for rent arrears.”

Does the pre-action protocol apply to a private landlord?

What people call the pre-action protocol for rent arrears is Part 2 of the Possession Claims by Social Landlords protocol, and it does not bind private landlords in England and Wales. The protocol says: “This Protocol applies to residential possession claims in England and Wales brought by social landlords (such as local authorities and housing associations).” A private landlord considering a pre action protocol for possession claims before serving notice is instead usually dealing with the Practice Direction on Pre-Action Conduct and Protocols, because that direction applies where no specific approved protocol applies: “This Practice Direction applies to disputes where no pre-action protocol approved by the Master of the Rolls applies.” Scotland is different: for private residential tenancies the tribunal must consider “the extent to which the landlord has complied with the pre-action protocol prescribed by the Scottish Ministers in regulations.” Northern Ireland’s rent-arrears ejectment protocol is also social-housing-only, not a private-landlord protocol.

Which protocol applies if you are claiming the rent as a debt rather than possession?

If a landlord is claiming rent arrears as a money debt from an individual tenant in England and Wales, the safer protocol is the Pre-Action Protocol for Debt Claims, not the social-landlord possession protocol. The Debt Claims protocol says: “This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader).” Shelter notes uncertainty about how far that protocol applies to rent arrears, saying: “The extent to which it applies to rent arrears (or service charge arrears) is uncertain.” But for a rent-only county court debt claim, a landlord who sends a Debt Protocol letter of claim is doing the thing the court is most likely to recognise. If the tenant does not reply, the creditor may usually issue after 30 days from the letter date. In Scotland there is no England-and-Wales-style Debt PAP; before Simple Procedure, “it is important that you have tried to settle the dispute.”

What must a letter before action say, and is there a template?

A letter before action in England and Wales should state the legal basis of the rent claim, the key facts, what payment or remedy is required, and how the arrears figure is calculated. The general Practice Direction says: “The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;”. For a landlord business claiming a debt from an individual tenant, the Debt Claims protocol also expects a Letter of Claim and says it includes “a template Information Sheet and Reply Form to be provided to debtors in all cases.” That means there is an official debtor reply template, but not a single official landlord rent-arrears letter before action template. A practical 7 day letter before action template UK or final demand letter before legal action UK template should still include the parties, property, tenancy, arrears schedule, payment deadline, documents relied on, and warning that proceedings may follow.

Does a tenant have to respond to a letter before action?

A tenant is not physically forced to respond to a letter before action, but ignoring it can let the landlord issue proceedings and can affect how the court deals with costs and case management. Under the Debt Claims protocol, the tenant should answer using the Reply Form: “The debtor should use the Reply Form in Annex 1 for their response.” The Debt Protocol clock is 30 days, not the 14 days often used for a simpler non-protocol letter: the Information Sheet says, “You only have 30 days from the date at the top of the letter from the business to send back the Reply Form.” Where no specific protocol applies, the general Practice Direction expects “the defendant responding within a reasonable time – 14 days in a straight forward case and no more than 3 months in a very complex one.” A tenant who disputes the arrears should reply with the amount admitted, the amount disputed, reasons, and any repayment proposal.

What is the next step after a letter before action, and what if there is no reply?

After a letter before action in England and Wales, if there is no satisfactory reply the next step is usually to start a county court money claim for the arrears or, where possession is sought, the correct possession process. Under the Debt Claims protocol, “If the debtor does not reply to the Letter of Claim within 30 days of the date at the top of the letter, the creditor may start court proceedings, subject to any remaining obligations the creditor may have to the debtor (for example, under the Financial Conduct Authority’s Handbook).” For a simple small claim, Citizens Advice summarises the same practical next step: “If you don’t get a reply or you’re not satisfied with it, you can start your small claim.” If pre-action steps were missed, the claim is not automatically void; the court can stay proceedings while steps are taken. Northern Ireland’s official small-claims guide also says that if there is still no satisfactory response, you may consider issuing a small claim.

What happens if you do not follow the pre-action protocol?

If a social landlord in England and Wales unreasonably fails to follow the rent-arrears possession protocol, the court can make case-management and costs orders, and in non-mandatory-ground cases it can strike out or dismiss the claim. The protocol says: “If the landlord unreasonably fails to comply with the terms of this protocol, the court may make one or more of the following orders–” and separately includes “an order striking out or dismissing the claim (other than a claim based on a mandatory ground).” For private landlords, the social-landlord protocol does not apply, but the court still considers conduct under the general Practice Direction and costs rules. CPR 44.2 treats pre-action compliance as part of conduct, including “the extent to which the parties followed the Practice Direction – Pre-Action Conduct or any relevant pre-action protocol;”. In Northern Ireland, the social-housing ejectment protocol says parties should be able to explain the steps they took if the court asks.

What are Scotland's pre-action requirements for rent arrears?

Scotland has its own rent-arrears pre-action requirements for private residential tenancies, and the 2020 Regulations continue in force. The Coronavirus (Recovery and Reform) (Scotland) Act 2022 says: “The 2020 Regulations continue in force (despite regulation 1 of those Regulations and the expiry of paragraphs 4 and 5 of schedule 1 of the 2020 (No.2) Act).” In practical terms, the Scottish private landlord must give clear arrears information, make reasonable efforts to agree a payment plan, and consider the tenant’s payment steps, compliance with any plan, and changes in circumstances. The tribunal must consider compliance because Schedule 3 of the 2016 Act refers to “the extent to which the landlord has complied with the pre-action protocol prescribed by the Scottish Ministers in regulations.” The Scottish Government guidance adds that reasonableness is fact-sensitive: “The legislation does not set out a definition of reasonable efforts and this will be dependent on the circumstances of each case.”

What does paragraph 2.4 of Practice Direction 55 require?

Practice Direction 55A paragraph 2.4 requires the claimant to name and serve an underlessee or mortgagee entitled to relief against forfeiture; it is not the rent-arrears schedule rule, which is paragraph 2.3. Paragraph 2.4 starts: “If the claimant knows of any person (including a mortgagee) entitled to claim relief against forfeiture as underlessee under section 146(4) of the Law of Property Act 1925 (or in accordance with section 38 of the Senior Courts Act 1981, or section 138(9C) of the County Courts Act 1984):”. It then requires the particulars of claim to state that person’s name and address and requires the claimant to file a copy for service on that person. The rent-arrears schedule is a separate paragraph 2.3 duty: “If the claim includes a claim for non-payment of rent the particulars of claim must set out:”. For Welsh Renting Homes occupation-contract claims, paragraph 2.4 does not apply.

What is paragraph 5.8 of the pre-action protocol?

Paragraph 5.8 is from the mortgage-arrears pre-action protocol in England and Wales, not a tenant rent-arrears protocol, and it does not apply to buy-to-let mortgages at all. The mortgage protocol says: “The protocol does not apply to Buy To Let mortgages.” Where it does apply, paragraph 5.8 is a lender’s warning step after a borrower breaks a repayment agreement: “If the borrower fails to comply with an agreement, the lender should warn the borrower, by giving the borrower 15 business days notice in writing, of its intention to start a possession claim unless the borrower remedies the breach in the agreement.” That is why a 5.8 pre-action protocol point is usually irrelevant to a private landlord chasing tenant rent arrears. The closest social-landlord rent-arrears equivalent is paragraph 2.9 of that protocol, which requires a warning and clear time limits if the tenant stops complying with an arrears agreement, but it does not impose a 15-business-day period.

Last reviewed September 2026.

Sources

• Pre-Action Protocol for Possession Claims by Social Landlords, Part 2 — “Part 2 relates to claims which are based solely on rent arrears.” Source
• Pre-Action Protocol for Possession Claims by Social Landlords, paragraph 2.1 — “If the tenant falls into arrears, the landlord should contact the tenant, as soon as reasonably possible, to discuss: the cause of the arrears; the tenant’s financial circumstances; the tenant’s entitlement to benefits; and repayment of the arrears.” Source
• Northern Ireland County Court Pre-Action Protocol for Ejectment Proceedings based on rent arrears — “It applies to proceedings taken by landlords in the social housing sector based solely on claims for rent arrears.” Source
• Pre-Action Protocol for Possession Claims by Social Landlords, scope — “This Protocol applies to residential possession claims in England and Wales brought by social landlords (such as local authorities and housing associations).” Source
• Practice Direction – Pre-Action Conduct and Protocols, paragraph 2 — “This Practice Direction applies to disputes where no pre-action protocol approved by the Master of the Rolls applies.” Source
• Private Housing (Tenancies) (Scotland) Act 2016, Schedule 3 paragraph 12 — “(b)the extent to which the landlord has complied with the pre-action protocol prescribed by the Scottish Ministers in regulations.” Source
• Pre-Action Protocol for Debt Claims, paragraph 1.1 — “This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader).” Source
• Shelter Legal England, Pre-action protocol in debt cases — “The extent to which it applies to rent arrears (or service charge arrears) is uncertain.” Source
• Scottish Courts and Tribunals Service, Simple Procedure guide — “Before raising a claim form it is important that you have tried to settle the dispute.” Source
• Practice Direction – Pre-Action Conduct and Protocols, paragraph 6(a) — “The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;” Source
• Pre-Action Protocol for Debt Claims, introduction — “It includes a template Information Sheet and Reply Form to be provided to debtors in all cases.” Source
• Pre-Action Protocol for Debt Claims, paragraph 3.1 — “The debtor should use the Reply Form in Annex 1 for their response.” Source
• Pre-Action Protocol for Debt Claims, Information Sheet — “You only have 30 days from the date at the top of the letter from the business to send back the Reply Form.” Source
• Practice Direction – Pre-Action Conduct and Protocols, paragraph 6(b) — “(b) the defendant responding within a reasonable time – 14 days in a straight forward case and no more than 3 months in a very complex one.” Source
• Pre-Action Protocol for Debt Claims, paragraph 5.1 — “If the debtor does not reply to the Letter of Claim within 30 days of the date at the top of the letter, the creditor may start court proceedings, subject to any remaining obligations the creditor may have to the debtor (for example, under the Financial Conduct Authority’s Handbook).” Source
• Citizens Advice, making a small claim — “If you don’t get a reply or you’re not satisfied with it, you can start your small claim.” Source
• Pre-Action Protocol for Possession Claims by Social Landlords, compliance section — “If the landlord unreasonably fails to comply with the terms of this protocol, the court may make one or more of the following orders–” Source
• Pre-Action Protocol for Possession Claims by Social Landlords, compliance section — “(c) an order striking out or dismissing the claim (other than a claim based on a mandatory ground).” Source
• CPR Part 44.2, costs discretion — “(a) conduct before, as well as during, the proceedings and in particular the extent to which the parties followed the Practice Direction – Pre-Action Conduct or any relevant pre-action protocol;” Source
• Coronavirus (Recovery and Reform) (Scotland) Act 2022, section 49 — “The 2020 Regulations continue in force (despite regulation 1 of those Regulations and the expiry of paragraphs 4 and 5 of schedule 1 of the 2020 (No.2) Act).” Source
• Scottish Government guidance on rent arrears pre-action requirements — “The legislation does not set out a definition of reasonable efforts and this will be dependent on the circumstances of each case.” Source
• Practice Direction 55A, paragraph 2.4 — “If the claimant knows of any person (including a mortgagee) entitled to claim relief against forfeiture as underlessee under section 146(4) of the Law of Property Act 1925 (or in accordance with section 38 of the Senior Courts Act 1981, or section 138(9C) of the County Courts Act 1984):” Source
• Practice Direction 55A, paragraph 2.3 — “If the claim includes a claim for non-payment of rent the particulars of claim must set out:” Source
• Practice Direction 55A, Renting Homes carve-out — “Paragraphs 2.1(2), 2.4, 2.5, 2.5A, 2.6, 4.1, 7.1 and 7.2 do not apply.” Source
• Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears, paragraph 5.8 — “If the borrower fails to comply with an agreement, the lender should warn the borrower, by giving the borrower 15 business days notice in writing, of its intention to start a possession claim unless the borrower remedies the breach in the agreement.” Source
• Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears, scope — “The protocol does not apply to Buy To Let mortgages.” Source