Short Residential Tenancy Disputes | By Lawyers
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Short Residential Tenancy Disputes

This publication guides practitioners acting on short residential tenancy dispute matters like landlord repossession and tenant deposit disputes.

1 Matter Plan

Overview

The commentary covers rent arrears, noise nuisance, anti-social behaviour, deposit disputes, and repossession, court, and tribunal proceedings.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Precedents in this publication include:

  • a Library of common possession notices, under both s 8 and s 21 of the Housing Act 1988;
  • a full suite of litigation letters and documents, and example content for claim forms and defences;
  • letters and notices to tenants in breach of their tenancy agreements;
  • letters and enclosures:
    • for a rent repayment plan;
    • relating to the use of a deposit protection dispute resolution scheme.
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1 Matter Plan Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Short Residential Tenancy Disputes
  • Folder icon Reference materials
    • Item icon Electronic Signing and Witnessing
    • Item icon Looking to the Future
    • Item icon Article: Alternative dispute resolution
    • Item icon Article: Costs actually
  • Item icon Overview
    A significant number of residential properties in England and Wales are let out by landlords to tenants for short periods. A short-term residential tenancy is a lease for a period less than 21 years from the original grant date. Less common forms of assured tenancies give the tenant the right ...

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  • Folder icon Acting for the landlord
    • Folder icon A. Getting the matter underway
      • Item icon Summary of the process – Acting for the landlord
        The usual steps in acting for a landlord in a short residential tenancy dispute matter are:

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      • Item icon File cover sheet - Short residential tenancy disputes
      • Item icon To do list - Short residential tenancy disputes - Acting for the landlord
      • Item icon First steps
      • Item icon Retainer instructions - Short residential tenancy disputes
      • Folder icon Compliance documents
        • Item icon Client Due Diligence and Anti-money Laundering Guidance
        • Item icon Client Details, Identity Verification and Source of Funds
        • Item icon Conflict of interest check
        • Item icon Client and matter risk assessment
        • Folder icon If required - Reporting an issue
          • Item icon Anti-money laundering internal disclosure
      • Item icon Initial letter to client enclosing Client Care and Terms of Business
      • Folder icon Enclosures for initial letter to client
        • Item icon Client care information
        • Item icon Terms of business
        • Item icon Scope of work - Short residential tenancy disputes - Acting for the landlord
        • Item icon A summary of the property dispute resolution process
      • Item icon Funding
        Under a standard retainer the hourly costs of handling the case are paid by the client to the solicitor, together with all disbursements and expenses incurred. Provide the client with a detailed Client Care and Terms of Business agreement, which sets out clearly the basis on which the claim will be ...

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      • Item icon Time and costs estimates
      • Folder icon If required - Letter to client varying the Client Care and Terms of Business
        • Item icon Letter to client varying the Client Care and Terms of Business
      • Folder icon General deeds, agreements, statements, declarations, consents, and execution clauses
        • Item icon Deeds and agreements
        • Folder icon Deeds
          • Item icon Deed for general use
          • Item icon Deed of assignment of agreement
          • Item icon Deed of assignment of agreement with consent
          • Item icon Deed of assignment of an insurance policy
          • Item icon Deed of assignment of equitable interest in residential land
          • Item icon Deed of gift
          • Item icon Deed of guarantee
          • Item icon Deed of release
          • Item icon Deed of release and grant
          • Item icon General deed of indemnity
          • Folder icon Library of standard clauses for deeds
            • Item icon Amendment
            • Item icon Confidentiality
            • Item icon Confidentiality - Extensive
            • Item icon Costs
            • Item icon Counterparts
            • Item icon Dispute resolution
            • Item icon Events beyond control
            • Item icon Governing law and jurisdiction
            • Item icon Interpretation
            • Item icon No assignment
            • Item icon Notices
            • Item icon Severance
            • Item icon Third parties
            • Item icon Waiver
            • Item icon Whole agreement
        • Folder icon Agreements
          • Item icon Agreement for general use
          • Item icon Boundary agreement
          • Item icon Confidentiality agreement
          • Item icon Construction agreement
          • Item icon Heads of agreement
          • Folder icon Library of standard clauses for agreements
            • Item icon Amendment
            • Item icon Confidentiality
            • Item icon Confidentiality - Extensive
            • Item icon Costs
            • Item icon Counterparts
            • Item icon Dispute resolution
            • Item icon Events beyond control
            • Item icon Governing law and jurisdiction
            • Item icon Interpretation
            • Item icon No assignment
            • Item icon Notices
            • Item icon Severance
            • Item icon Third parties
            • Item icon Waiver
            • Item icon Whole agreement
        • Folder icon Statements and declarations
          • Item icon Statement of truth
          • Item icon Statement of truth - High Court
          • Item icon Statutory declaration
          • Item icon Statutory declaration of solvency
          • Item icon Affidavit - General
          • Item icon Exhibit sheet for affidavits - General
          • Item icon Witness statement - Family matters
          • Item icon Exhibit sheet to witness statement - Family matters
          • Item icon Witness statement - Civil matters
          • Item icon Exhibit sheet to witness statement - Civil matters
        • Folder icon Execution clauses
          • Item icon Execution clauses - Agreements and contracts
          • Item icon Execution clauses - Deeds
          • Item icon Execution clauses - Overseas companies
        • Folder icon Consents
          • Folder icon If required - Personal data consent - General
            • Item icon Letter to client enclosing consent - General
            • Item icon Letter to third party enclosing consent - General
            • Item icon General letter enclosing client consent
            • Item icon General letter enclosing third party consent
            • Item icon Consent to provide information - General
            • Item icon Consent to provide information - General - Third party
          • Folder icon If required - Personal data consent - Health professional
            • Item icon Letter to client enclosing consent - Health professional
            • Item icon Letter to third party enclosing consent - Health professional
            • Item icon Letter to doctor enclosing client consent
            • Item icon Letter to doctor enclosing third party consent
            • Item icon Consent to provide information - Health professional
            • Item icon Consent to provide information - Health professional - Third party
          • Folder icon Change of name
            • Item icon Change of name deed for an adult - Concise
            • Item icon Change of name deed for a minor - Concise
            • Folder icon If required - Enrolment by an adult
              • Item icon Change of name deed for an adult - For enrolment
              • Item icon Statutory declaration - Enrolment of adult change of name deed
              • Item icon Notice for the London Gazette on the change of name of an adult
              • Item icon Consent to enrolment of change of name of an adult
            • Folder icon If required - Enrolment by a minor
              • Item icon Change of name deed for a minor - For enrolment
              • Item icon Statutory declaration - Enrolment of minor change of name deed
              • Item icon Affidavit of best interest for the change of name of a minor
              • Item icon Consent to enrolment of change of name of a minor
    • Folder icon B. Managing short term residential tenancies
      • Item icon Safety checks
        The landlord is required to carry out safety checks during the tenancy. The landlord should instruct a qualified electrician to check sockets, wiring, and any appliances provided in the property every 5 years.

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      • Item icon Minimum Energy Efficiency Standards Regulations (MEES)
        The MEES regulations apply to all domestic private rental properties that are legally required to have an energy performance certificate (EPC) and are let on:

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      • Item icon Advising clients on breaches of the tenancy agreement
        Various issues can arise during the term of a tenancy, some of which will amount to clear breaches while others will not. For example, a tenant who fails to pay their rent will be in clear breach of the tenancy agreement. However, whether a tenant failing to cut the grass in the garden is a breach ...

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      • Item icon Application by tenant or Local Housing Authority for a rent repayment order
      • Item icon Schedule of history of tenant's breaches of tenancy agreement
      • Folder icon Rent arrears
        • Item icon Rent arrears
          Rent arrears are a breach of the tenancy agreement and can lead to financial difficulty for a landlord, particularly if they need the rent to pay their own expenses such as mortgage payments. A tenant may feel that they are entitled to withhold rent, particularly if the landlord has failed to carry ...

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        • Item icon Notice of rent arrears
        • Item icon Notice to guarantor of rent arrears
        • Item icon Schedule of rent arrears
        • Folder icon Rent repayment plan
          • Item icon Rent repayment plans
            Landlords who prefer to retain rather than evict a tenant may consider agreeing to an arrears repayment plan. To assess the feasibility of an arrears repayment plan, details of the tenant’s finances will need to be obtained. This may lead to an understanding of how the arrears built up, but more ...

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          • Item icon Letter to tenant offering rent repayment plan and requesting breakdown of income and outgoings
          • Item icon Enclosure for tenant to provide breakdown of income and outgoings
          • Item icon Letter to tenant setting out rent repayment plan
          • Item icon Letter from landlord refusing proposed rent repayment plan for tenant
      • Folder icon Noise, nuisance and anti-social behaviour
        • Item icon Noise, nuisance, and antisocial behaviour
          Tenancy agreements generally include covenants which aim to prevent a tenant from making too much noise, being a nuisance, or behaving in an antisocial way. A tenant who engages in antisocial behaviour may be unlikely to care much for the property. A landlord is under no obligation to protect their ...

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        • Item icon Notice to tenant to cease anti-social behaviour
        • Item icon Notice to tenant to cease nuisance
        • Item icon Notice to tenant to cease unacceptable noise
        • Item icon Letter to third party neighbour requesting evidence of tenant's behaviour
        • Item icon Schedule of evidence of problem behaviour
      • Folder icon Illegal activities
        • Item icon Illegal activities
          A tenant engaging in illegal activities on or from the premises can form grounds for possession by a landlord. With appropriate evidence to support a claim, possession proceedings against a tenant who has or is using the property for immoral or illegal purposes can be brought under s 8 of the ...

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        • Item icon Notice to tenant to cease illegal activities
      • Folder icon Tenant's care of property, fixtures and fittings
        • Item icon Care of the property
          The tenancy agreement should clearly delineate the areas that are the responsibility of the tenant and the areas which fall within the landlord’s general obligations to repair.

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        • Item icon Letter to tenant regarding damaged fixtures or fittings
        • Item icon Enclosure to letter to tenant regarding damaged fixtures or fittings
      • Item icon Ending a tenancy
        Short-term tenancies can end:

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      • Item icon Monetary claims arising out of a tenancy
        For a landlord, a monetary claim may arise for:

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    • Folder icon C. If required - Tenancy deposit disputes
      • Item icon Tenancy deposit disputes
        The tenancy deposit protection schemes offer a free dispute resolution service if a tenant and landlord disagree about how much deposit the landlord should return. Both parties are required to agree to take part in the dispute resolution process.

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      • Item icon Covering letter from landlord to deposit protection scheme provider enclosing evidence
      • Item icon Schedule of evidence to support case in deposit dispute resolution service
      • Item icon Letter to tenant notifying them of proposed deductions from deposit
      • Item icon Schedule of proposed deductions from deposit
      • Item icon Letter to tenant seeking agreement to take part in deposit protection dispute resolution scheme
      • Item icon Letter from landlord agreeing to take part in deposit protection dispute resolution scheme
    • Folder icon D. Settling the matter
      • Item icon Alternative dispute resolution
        A court has discretionary power to order parties in court proceedings to engage in alternative dispute resolution (ADR), James Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. Mr Churchill claimed against his council for damage caused to his property by Japanese knotweed. ...

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      • Item icon Letter to the other side’s solicitor suggesting alternative dispute resolution
      • Item icon Mediation settlement agreement
      • Item icon Offers to settle
        There are opportunities to settle disputes, even when the parties’ relationship has soured. Settling the dispute can reduce costs and stress for all parties.

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      • Item icon Letter to defendant’s solicitor making Calderbank offer
      • Item icon Part 36 offers
        Part 36 of the Civil Procedure Rules provides for making an offer which will be treated as without prejudice except as to costs. This means that the fact that a Part 36 offer has been made, and the terms of such an offer, must not be communicated to the trial judge until the case has ...

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      • Folder icon If required - Part 36 offers
        • Item icon Enclosure - Part 36 offers
        • Item icon Letter to client suggesting making a Part 36 offer
        • Item icon Offer to settle (Section I Part 36)
        • Item icon Letter to other side's solicitor making Part 36 offer
        • Item icon Letter to client enclosing copy Part 36 offer made
        • Item icon Letter to client enclosing copy Part 36 offer received
      • Item icon Settlement agreement
      • Item icon Letter to client with draft settlement agreement
      • Item icon Letter to other side's solicitor with settlement agreement
      • Item icon Letter to court confirming settlement
      • Item icon General form of judgment or order
      • Folder icon Library of example consent orders
        • Item icon Clause - Consent order for judgment notation of agreement
        • Item icon Clause - Consent order payment inclusive of costs
        • Item icon Clause - Consent order judgment in favour of one party
        • Item icon Clause - Consent order for proceedings to be dismissed with no order as to costs
        • Item icon Clause - Consent order for acceptance of lesser sum
      • Item icon Letter to other side's solicitor sending draft consent order
      • Item icon Letter to court filing draft consent order on settlement
      • Item icon Debt statement
      • Item icon Letter to debtor enclosing debt statement
    • Folder icon E. If required - Seeking possession
      • Item icon Seeking possession
        Generally, possession proceedings are commenced because a tenant does not wish to leave the property. This may not necessarily occur because the tenant has been a bad tenant, but rather because the landlord requires possession of their property. A tenant may refuse to vacate in order to force a ...

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      • Item icon Notice periods
        However possession is sought, the tenant is entitled to receive due written notice that the landlord wants possession of the property. When seeking possession under s 21 of the Housing Act 1988, the landlord should give the tenant at least two months notice ending no earlier than the ...

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      • Folder icon If required - Landlord's withdrawal of notice
        • Item icon Landlord’s withdrawal of notice terminating tenancy
      • Item icon Section 8 possession proceedings
        The court will not make an order for possession under s 8 unless the landlord has served a notice on the tenant and the proceedings are commenced after the expiry of the time limit stated in the notice. If an order has been made for possession and the tenant still refuses to leave, the ...

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      • Item icon Section 21 possession proceedings
        The landlord does not have to show fault on the part of the tenant to issue possession proceedings under s 21 of the Housing Act 1988. Section 21 possession proceedings are sometimes referred to as no-fault possession proceedings, although this can be a little misleading as some of ...

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      • Item icon Restrictions on commencing possession proceedings – COVID19
        In early 2020 provisions were put in place to halt commencing possession proceedings in certain circumstances to protect financially vulnerable tenants in response to the COVID19 pandemic. Any proceedings that had already been commenced were to be stayed. From 21 September 2020 existing ...

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      • Item icon Issuing possession proceedings – Part 55 Civil Procedure Rules
        The issue of possession proceedings is governed by Part 55 of the Civil Procedure Rules, supplemented by Practice Direction 55A, which deals with procedures, and Practice Direction 5B, which deals with online claims. Whilst the practice directions set out the procedural requirements ...

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      • Item icon Letter to tenant giving notice to issue possession proceedings
      • Folder icon Library of common possession notices
        • Item icon Notice of seeking termination of tenancy and recovery of possession
        • Folder icon Assured tenancies - Section 8 Housing Act 1988
          • Item icon Possession Notice - Anti-social behaviour offence conviction - Ground 7A condition 3
          • Item icon Possession Notice - Anti-social closure order - Ground 7A condition 4
          • Item icon Possession Notice - Breach of anti-social behaviour injunction - Ground 7A condition 2
          • Item icon Possession Notice - Breach of environment orders - Ground 7A condition 5
          • Item icon Possession Notice - Breach of obligations - Ground 12
          • Item icon Possession Notice - Condition of furniture and property - Ground 15
          • Item icon Possession Notice - Conviction of serious offence - Ground 7A condition 1
          • Item icon Possession Notice - Deterioration - Ground 13
          • Item icon Possession Notice - Domestic violence - Ground 14A
          • Item icon Possession Notice - Holiday accommodation - Ground 3
          • Item icon Possession Notice - Inducement or false statements - Ground 17
          • Item icon Possession Notice - Lettings to students - Ground 4
          • Item icon Possession Notice - Mortgage - Ground 2
          • Item icon Possession Notice - Nuisance or annoyance - Ground 14
          • Item icon Possession Notice - Occupation required by minister of religion - Ground 5
          • Item icon Possession Notice - Persistent rent arrears - Ground 11
          • Item icon Possession Notice - Principal home - Ground 1
          • Item icon Possession Notice - Rent arrears - Ground 8
          • Item icon Possession Notice - Rent arrears - Ground 10
          • Item icon Possession Notice - Suitable alternative accommodation - Ground 9
          • Item icon Possession Notice - Superior landlord intending to demolish property - Ground 6
          • Item icon Possession Notice - Termination of employment - Ground 16
        • Folder icon Assured tenancies - Section 21 Housing Act 1988
          • Item icon Notice requiring possession of a property in England let on an assured shorthold tenancy
          • Item icon Landlord’s notice requiring possession of a dwelling-house let on a fixed term assured shorthold tenancy
          • Item icon Landlord’s notice requiring possession of a dwelling-house let on a periodic assured shorthold tenancy
        • Folder icon Secure tenancies
          • Item icon Notice of seeking possession
      • Item icon Acting for a tenant in possession proceedings
        Under a s 21 application the tenant’s rights under their tenancy have ended and the landlord is seeking their eviction. Under a s 8 application the tenant’s rights under the tenancy agreement still exist until otherwise determined by the court. The court will make such a determination ...

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    • Folder icon F. Tribunal practice and procedure
      • Item icon Tribunal practice and procedure
        England

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      • Item icon Guidance on applications made under the Tenant Fees Act 2019 - General information about the process (TFA3)
      • Item icon Application for permission to appeal a decision to the Upper Tribunal (Lands Chamber)
      • Item icon Application to withdraw a case
      • Item icon Applications and requests for case management or other interim orders
    • Folder icon G. Court practice and procedure
      • Item icon Prior to issuing proceedings
        Consider:

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      • Item icon Letter to client enclosing overview of court process
      • Item icon Enclosure - Overview of the litigation process from a claimant's point of view
      • Item icon Enclosure - Overview of the litigation process from a defendant's point of view
      • Item icon Electronic filing generally
        Courts and tribunals are increasingly developing ways in which cases can be commenced and managed electronically. In the Royal Courts of Justice and Upper Tribunals, a digital electronic filing system called Courts Electronic Filing System (CE-filing) allows for the issue and management of cases ...

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    • Folder icon H. Statements of case, filing and service
      • Item icon Starting a claim
        Possession claims are normally brought in the County Court. Only exceptional circumstances – such as complex disputes of fact, points of law of general importance, or claims against trespassers where there is a risk of disturbance or serious harm – justify starting a claim in the High Court. The ...

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      • Item icon The claim form
        Possession proceedings are commenced in the County Court using form N5 Claim Form for Possession of Property which requires the following information:

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      • Item icon Claim form for possession of property
      • Item icon Particulars of claim for possession (rented residential premises)
      • Item icon Clause - Particulars of claim for possession - Rented residential premises
      • Item icon Notes for guidance to complete particulars of claim - Form N119A
      • Folder icon If required - Accelerated procedure, Welsh properties
        • Item icon Claim form for possession of a property located in England (accelerated procedure or assured shorthold tenancy)
        • Item icon Claim form for possession of a property located wholly in Wales (accelerated procedure and assured shorthold tenancy)
        • Item icon Request for warrant of possession of land following a suspended order for possession
        • Item icon Request for warrant for possession of land
      • Item icon Service of the issued claim form
        Pursuant to rule 55.13(3), the court will serve the claim form on the tenant by first class post, or an alternative service which provides for delivery on the next working day.

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      • Item icon Making a claim online
        A claim for possession of residential property can be started online by a landlord against a tenant, solely on the grounds of rent arrears, or by a mortgagee against a mortgagor, solely on the grounds of default in the payment of the mortgage in respect of the property sought to be repossessed. An ...

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      • Item icon Application notice
      • Item icon Fees in the Civil and Family Courts – Main Fees EX50
      • Item icon A defendant’s response
        Under paragraph 55.14 of Part 55 of the Civil Procedure Rules, a tenant who wishes to oppose a claim for possession, or seek postponement of possession, must file and serve their defence within 14 days after service of the claim form. Where the tenant has failed to respond within the ...

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    • Folder icon I. Evidence
      • Item icon Evidence
        Evidence is the means by which a fact, and ultimately the claim or a defence, is proven. Consider these questions:

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      • Folder icon Library of evidence documents
        • Item icon Proof of evidence
        • Item icon Witness statement - Civil matters
        • Item icon Example content - Witness statement for civil matters
        • Item icon Exhibit sheet to witness statement - Civil matters
        • Item icon General form of affidavit
        • Item icon Clause - Affidavit for civil matters
        • Item icon Exhibit sheet for affidavits - Civil matters
        • Item icon Notice of intention to rely on hearsay evidence
        • Item icon Notice to admit facts
      • Item icon Letter to court filing documents
      • Item icon Expert witnesses
        Evidence from an expert who has been instructed to give or prepare evidence on any relevant matter in which they are qualified is admissible, notwithstanding the usual rule against opinion evidence being admitted: s 3 of the Civil Evidence Act 1972. See Part 35 of the Civil Procedure ...

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      • Folder icon If required - Expert witnesses
        • Item icon Letter to expert requesting report
        • Item icon Letter to client enclosing expert's report
        • Item icon Letter to court filing expert's report
        • Item icon Letter to other side's solicitor serving expert's report
    • Folder icon J. Final hearing
      • Item icon Letter to counsel enclosing brief
      • Item icon Brief to counsel - Civil matters
      • Item icon Letter to client advising of court hearing date
      • Item icon Letter to court advising client will not attend
      • Item icon Letter to witness advising hearing date
      • Item icon Listing questionnaire (pre-trial checklist)
      • Item icon Letter to court filing documents
      • Item icon Court bundles
        A court bundle is an indexed collection of documents that the parties will rely on during the hearing. The bundle would ordinarily include all documents filed in court and evidence and leave out any irrelevant documents, even if they were disclosed in the proceedings. See r 39.5 of the Court ...

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      • Item icon County Court, High Court and Appeal Court - Trial bundle cover page
      • Item icon County Court, High Court and Appeal Court - Trial bundle index
      • Item icon Case summary
      • Item icon Chronology - Civil matters
      • Item icon Letter to other side's solicitor enclosing index to trial bundle
      • Item icon Letter to other side's solicitor enclosing trial bundle
      • Item icon Letter to court filing trial bundle
      • Item icon Final hearing
        Court bundles A court bundle is an indexed collection of documents that the parties will rely on during the hearing. The bundle would ordinarily include all documents filed in court and evidence and leave out any irrelevant documents, even if they were disclosed in the proceedings.

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    • Folder icon K. Finalising the matter
      • Item icon Settled matters
        Practitioners are required to advise the court immediately a matter is settled. Until terms of settlement, consent orders or a notice of discontinuance is filed, the parties must attend before the court if the matter is listed.

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      • Item icon Advising the client
        The client should be advised of the outcome in writing and in particular of any element of the judgment that requires them to take action. Ensure they are aware of any cost consequences associated with not taking the action and thereby breaching a court order. If the client has been successful be ...

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      • Item icon Letter to client advising successful outcome and enclosing invoice
      • Item icon Letter to client advising unsuccessful outcome with advice about appeal and enclosing invoice
      • Item icon Letter to client finalising the matter
      • Item icon Example invoice
      • Item icon Invoice recital - Residential tenancy disputes - Possession claim
      • Item icon Invoice recital - Residential tenancy disputes - Monetary claim
      • Item icon Enclosure - Explaining the bill
      • Item icon Closing the file
      • Item icon File closing checklist
      • Item icon File review form - General
  • Folder icon Acting for the tenant
    • Folder icon A. Getting the matter underway
      • Item icon Summary of the process - Acting for the tenant
        The usual steps in acting for a tenant in a short residential tenancy dispute matter are:

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      • Item icon File cover sheet - Short residential tenancy disputes
      • Item icon To do list - Short residential tenancy disputes - Acting for the tenant
      • Item icon First steps
      • Item icon Retainer instructions - Short residential tenancy disputes
      • Folder icon Compliance documents
        • Item icon Client Due Diligence and Anti-money Laundering Guidance
        • Item icon Client Details, Identity Verification and Source of Funds
        • Item icon Conflict of interest check
        • Item icon Client and matter risk assessment
        • Folder icon If required - Reporting an issue
          • Item icon Anti-money laundering internal disclosure
      • Item icon Initial letter to client enclosing Client Care and Terms of Business
      • Folder icon Enclosures for initial letter to client
        • Item icon Client care information
        • Item icon Terms of business
        • Item icon Scope of work - Short residential tenancy disputes - Acting for the tenant
        • Item icon A summary of the property dispute resolution process
      • Item icon Funding
        Under a standard retainer the hourly costs of handling the case are paid by the client to the solicitor, together with all disbursements and expenses incurred. Provide the client with a detailed Client Care and Terms of Business agreement, which sets out clearly the basis on which the claim will be ...

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      • Item icon Time and costs estimates
      • Folder icon If required - Letter to client varying the Client Care and Terms of Business
        • Item icon Letter to client varying the Client Care and Terms of Business
      • Folder icon General deeds, agreements, statements, declarations, consents, and execution clauses
        • Item icon Deeds and agreements
        • Folder icon Deeds
          • Item icon Deed for general use
          • Item icon Deed of assignment of agreement
          • Item icon Deed of assignment of agreement with consent
          • Item icon Deed of assignment of an insurance policy
          • Item icon Deed of assignment of equitable interest in residential land
          • Item icon Deed of gift
          • Item icon Deed of guarantee
          • Item icon Deed of release
          • Item icon Deed of release and grant
          • Item icon General deed of indemnity
          • Folder icon Library of standard clauses for deeds
            • Item icon Amendment
            • Item icon Confidentiality
            • Item icon Confidentiality - Extensive
            • Item icon Costs
            • Item icon Counterparts
            • Item icon Dispute resolution
            • Item icon Events beyond control
            • Item icon Governing law and jurisdiction
            • Item icon Interpretation
            • Item icon No assignment
            • Item icon Notices
            • Item icon Severance
            • Item icon Third parties
            • Item icon Waiver
            • Item icon Whole agreement
        • Folder icon Agreements
          • Item icon Agreement for general use
          • Item icon Boundary agreement
          • Item icon Confidentiality agreement
          • Item icon Construction agreement
          • Item icon Heads of agreement
          • Folder icon Library of standard clauses for agreements
            • Item icon Amendment
            • Item icon Confidentiality
            • Item icon Confidentiality - Extensive
            • Item icon Costs
            • Item icon Counterparts
            • Item icon Dispute resolution
            • Item icon Events beyond control
            • Item icon Governing law and jurisdiction
            • Item icon Interpretation
            • Item icon No assignment
            • Item icon Notices
            • Item icon Severance
            • Item icon Third parties
            • Item icon Waiver
            • Item icon Whole agreement
        • Folder icon Statements and declarations
          • Item icon Statement of truth
          • Item icon Statement of truth - High Court
          • Item icon Statutory declaration
          • Item icon Statutory declaration of solvency
          • Item icon Affidavit - General
          • Item icon Exhibit sheet for affidavits - General
          • Item icon Witness statement - Family matters
          • Item icon Exhibit sheet to witness statement - Family matters
          • Item icon Witness statement - Civil matters
          • Item icon Exhibit sheet to witness statement - Civil matters
        • Folder icon Execution clauses
          • Item icon Execution clauses - Agreements and contracts
          • Item icon Execution clauses - Deeds
          • Item icon Execution clauses - Overseas companies
        • Folder icon Consents
          • Folder icon If required - Personal data consent - General
            • Item icon Letter to client enclosing consent - General
            • Item icon Letter to third party enclosing consent - General
            • Item icon General letter enclosing client consent
            • Item icon General letter enclosing third party consent
            • Item icon Consent to provide information - General
            • Item icon Consent to provide information - General - Third party
          • Folder icon If required - Personal data consent - Health professional
            • Item icon Letter to client enclosing consent - Health professional
            • Item icon Letter to third party enclosing consent - Health professional
            • Item icon Letter to doctor enclosing client consent
            • Item icon Letter to doctor enclosing third party consent
            • Item icon Consent to provide information - Health professional
            • Item icon Consent to provide information - Health professional - Third party
          • Folder icon Change of name
            • Item icon Change of name deed for an adult - Concise
            • Item icon Change of name deed for a minor - Concise
            • Folder icon If required - Enrolment by an adult
              • Item icon Change of name deed for an adult - For enrolment
              • Item icon Statutory declaration - Enrolment of adult change of name deed
              • Item icon Notice for the London Gazette on the change of name of an adult
              • Item icon Consent to enrolment of change of name of an adult
            • Folder icon If required - Enrolment by a minor
              • Item icon Change of name deed for a minor - For enrolment
              • Item icon Statutory declaration - Enrolment of minor change of name deed
              • Item icon Affidavit of best interest for the change of name of a minor
              • Item icon Consent to enrolment of change of name of a minor
    • Folder icon B. Disputes during the term
      • Folder icon Managing a residential tenancy
        • Item icon Safety checks
          The landlord is required to carry out safety checks during the tenancy. The landlord should instruct a qualified electrician to check sockets, wiring, and any appliances provided in the property every 5 years.

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        • Item icon Minimum Energy Efficiency Standards Regulations (MEES)
          The MEES regulations apply to all domestic private rental properties that are legally required to have an energy performance certificate (EPC) and are let on:

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        • Item icon Advising clients on breaches of the tenancy agreement
          Various issues can arise during the term of a tenancy, some of which will amount to clear breaches while others will not. For example, a tenant who fails to pay their rent will be in clear breach of the tenancy agreement. However, whether a tenant failing to cut the grass in the garden is a breach ...

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        • Item icon Schedule of history of landlord's breaches of tenancy agreement
        • Item icon Letter to landlord giving notice of breach of quiet enjoyment
        • Item icon Letter to landlord's solicitor giving notice of breach of quiet enjoyment
        • Item icon Rent repayment orders
          A rent repayment order is an order of the First-tier Tribunal requiring repayment of rent by the landlord, or managing agent, who has committed an offence listed below.

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        • Item icon Application by tenant or Local Housing Authority for a rent repayment order
      • Folder icon Rent arrears
        • Item icon Rent arrears
          Rent arrears are a breach of the tenancy agreement and can lead to financial difficulty for a landlord, particularly if they need the rent to pay their own expenses such as mortgage payments. A tenant may feel that they are entitled to withhold rent, particularly if the landlord has failed to carry ...

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        • Folder icon Rent repayment plan
          • Item icon Rent repayment plans
            Landlords who prefer to retain rather than evict a tenant may consider agreeing to an arrears repayment plan. To assess the feasibility of an arrears repayment plan, details of the tenant’s finances will need to be obtained. This may lead to an understanding of how the arrears built up, but more ...

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          • Item icon Enclosure for tenant to provide breakdown of income and outgoings
          • Item icon Letter to landlord seeking rent repayment plan for tenant
      • Folder icon Tenant's care of property, fixtures and fittings
        • Item icon Care of the property
          The tenancy agreement should clearly delineate the areas that are the responsibility of the tenant and the areas which fall within the landlord’s general obligations to repair.

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        • Item icon Letter to landlord giving notice of breach of obligation to repair property
        • Item icon Letter to landlord seeking redress for damaged personal property
        • Item icon Letter to landlord's solicitor seeking redress for damaged personal property
        • Item icon Enclosure to letter to landlord seeking redress for damaged personal property
      • Item icon Noise, nuisance, and antisocial behaviour
        Tenancy agreements generally include covenants which aim to prevent a tenant from making too much noise, being a nuisance, or behaving in an antisocial way. A tenant who engages in antisocial behaviour may be unlikely to care much for the property. A landlord is under no obligation to protect their ...

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      • Item icon Illegal activities
        A tenant engaging in illegal activities on or from the premises can form grounds for possession by a landlord. With appropriate evidence to support a claim, possession proceedings against a tenant who has or is using the property for immoral or illegal purposes can be brought under s 8 of the ...

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      • Item icon Ending a tenancy
        Short-term tenancies can end:

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    • Folder icon C. Tenancy deposit disputes and other claims
      • Item icon Tenancy deposit disputes
        The tenancy deposit protection schemes offer a free dispute resolution service if a tenant and landlord disagree about how much deposit the landlord should return. Both parties are required to agree to take part in the dispute resolution process.

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      • Item icon Letter to landlord where tenancy deposit hasn't been adequately protected
      • Item icon Application for recovery of a fee or holding deposit (prohibited payment) from the landlord or letting agent
      • Item icon Letter to landlord seeking agreement to take part in deposit protection dispute resolution scheme
      • Item icon Letter from tenant agreeing to take part in deposit protection dispute resolution scheme
      • Item icon Covering letter from tenant to deposit protection scheme enclosing evidence
      • Item icon Schedule of evidence to support case in deposit dispute resolution service
      • Item icon Breach of covenant leading to financial loss
        If the landlord is liable for financial losses suffered by the tenant as a result of the landlord’s breach of a covenant, for example for damage caused to the tenant’s personal property by failure to remedy a damp problem, the tenant will be in breach of the tenancy agreement if they withhold rent. ...

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    • Folder icon D. Settling the matter
      • Item icon Alternative dispute resolution
        A court has discretionary power to order parties in court proceedings to engage in alternative dispute resolution (ADR), James Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. Mr Churchill claimed against his council for damage caused to his property by Japanese knotweed. ...

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      • Item icon Letter to the other side’s solicitor suggesting alternative dispute resolution
      • Item icon Mediation settlement agreement
      • Item icon Offers to settle
        There are opportunities to settle disputes, even when the parties’ relationship has soured. Settling the dispute can reduce costs and stress for all parties.

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      • Item icon Letter to defendant’s solicitor making Calderbank offer
      • Item icon Part 36 offers
        Part 36 of the Civil Procedure Rules provides for making an offer which will be treated as without prejudice except as to costs. This means that the fact that a Part 36 offer has been made, and the terms of such an offer, must not be communicated to the trial judge until the case has ...

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      • Folder icon If required - Part 36 offers
        • Item icon Enclosure - Part 36 offers
        • Item icon Letter to client suggesting making a Part 36 offer
        • Item icon Offer to settle (Section I Part 36)
        • Item icon Letter to other side's solicitor making Part 36 offer
        • Item icon Letter to client enclosing copy Part 36 offer made
        • Item icon Letter to client enclosing copy Part 36 offer received
      • Item icon Settlement agreement
      • Item icon Letter to client with draft settlement agreement
      • Item icon Letter to other side's solicitor with settlement agreement
      • Item icon Letter to court confirming settlement
      • Item icon General form of judgment or order
      • Folder icon Library of example consent orders
        • Item icon Clause - Consent order for judgment notation of agreement
        • Item icon Clause - Consent order payment inclusive of costs
        • Item icon Clause - Consent order judgment in favour of one party
        • Item icon Clause - Consent order for proceedings to be dismissed with no order as to costs
        • Item icon Clause - Consent order for acceptance of lesser sum
      • Item icon Letter to other side's solicitor sending draft consent order
      • Item icon Letter to court filing draft consent order on settlement
      • Item icon Tenancy deposit disputes
        The tenancy deposit protection schemes offer a free dispute resolution service if a tenant and landlord disagree about how much deposit the landlord should return. Both parties are required to agree to take part in the dispute resolution process.

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    • Folder icon E. Seeking possession
      • Item icon Seeking possession
        Generally, possession proceedings are commenced because a tenant does not wish to leave the property. This may not necessarily occur because the tenant has been a bad tenant, but rather because the landlord requires possession of their property. A tenant may refuse to vacate in order to force a ...

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      • Item icon Letter to landlord giving notice of intention to terminate tenancy at end of tenancy period
      • Item icon Section 8 possession proceedings
        The court will not make an order for possession under s 8 unless the landlord has served a notice on the tenant and the proceedings are commenced after the expiry of the time limit stated in the notice. If an order has been made for possession and the tenant still refuses to leave, the ...

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      • Item icon Section 21 possession proceedings
        The landlord does not have to show fault on the part of the tenant to issue possession proceedings under s 21 of the Housing Act 1988. Section 21 possession proceedings are sometimes referred to as no-fault possession proceedings, although this can be a little misleading as some of ...

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      • Item icon Restrictions on commencing possession proceedings – COVID19
        In early 2020 provisions were put in place to halt commencing possession proceedings in certain circumstances to protect financially vulnerable tenants in response to the COVID19 pandemic. Any proceedings that had already been commenced were to be stayed. From 21 September 2020 existing ...

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      • Item icon Issuing possession proceedings – Part 55 Civil Procedure Rules
        The issue of possession proceedings is governed by Part 55 of the Civil Procedure Rules, supplemented by Practice Direction 55A, which deals with procedures, and Practice Direction 5B, which deals with online claims. Whilst the practice directions set out the procedural requirements ...

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      • Item icon Notice periods
        However possession is sought, the tenant is entitled to receive due written notice that the landlord wants possession of the property. When seeking possession under s 21 of the Housing Act 1988, the landlord should give the tenant at least two months notice ending no earlier than the ...

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      • Item icon Acting for a tenant in possession proceedings
        Under a s 21 application the tenant’s rights under their tenancy have ended and the landlord is seeking their eviction. Under a s 8 application the tenant’s rights under the tenancy agreement still exist until otherwise determined by the court. The court will make such a determination ...

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    • Folder icon F. Tribunal practice and procedure
      • Item icon Tribunal practice and procedure
        England

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      • Item icon Application to the tribunal for determination of a rent under an assured shorthold tenancy
      • Item icon Applications and requests for case management or other interim orders
      • Item icon Application to withdraw a case
      • Item icon Application for permission to appeal a decision to the Upper Tribunal (Lands Chamber)
      • Item icon Residential Property Tribunal – Application fees
    • Folder icon G. Court practice and procedure
      • Item icon Prior to issuing proceedings
        Consider:

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      • Item icon Letter to client enclosing overview of court process
      • Item icon Enclosure - Overview of the litigation process from a claimant's point of view
      • Item icon Enclosure - Overview of the litigation process from a defendant's point of view
      • Item icon Electronic filing generally
        Courts and tribunals are increasingly developing ways in which cases can be commenced and managed electronically. In the Royal Courts of Justice and Upper Tribunals, a digital electronic filing system called Courts Electronic Filing System (CE-filing) allows for the issue and management of cases ...

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    • Folder icon H. Statements of case, filing and service
      • Item icon A defendant’s response
        Under paragraph 55.14 of Part 55 of the Civil Procedure Rules, a tenant who wishes to oppose a claim for possession, or seek postponement of possession, must file and serve their defence within 14 days after service of the claim form. Where the tenant has failed to respond within the ...

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      • Item icon Example content - Defence - Possession of a dwelling let on assured tenancy
      • Item icon Defence form
      • Item icon Defence form (rented residential premises)
      • Item icon Defence form (accelerated possession procedure or assured shorthold tenancy) where the property is located wholly or partly in England
      • Item icon Defence form (mortgaged residential premises)
      • Item icon Defence and counterclaim (specified amount)
    • Folder icon I. Evidence
      • Item icon Evidence
        Evidence is the means by which a fact, and ultimately the claim or a defence, is proven. Consider these questions:

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      • Folder icon Library of evidence documents
        • Item icon Proof of evidence
        • Item icon Witness statement - Civil matters
        • Item icon Example content - Witness statement for civil matters
        • Item icon Exhibit sheet to witness statement - Civil matters
        • Item icon General form of affidavit
        • Item icon Clause - Affidavit for civil matters
        • Item icon Exhibit sheet for affidavits - Civil matters
        • Item icon Notice of intention to rely on hearsay evidence
        • Item icon Notice to admit facts
      • Item icon Letter to court filing documents
      • Item icon Expert witnesses
        Evidence from an expert who has been instructed to give or prepare evidence on any relevant matter in which they are qualified is admissible, notwithstanding the usual rule against opinion evidence being admitted: s 3 of the Civil Evidence Act 1972. See Part 35 of the Civil Procedure ...

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      • Folder icon If required - Expert witnesses
        • Item icon Letter to expert requesting report
        • Item icon Letter to client enclosing expert's report
        • Item icon Letter to court filing expert's report
        • Item icon Letter to other side's solicitor serving expert's report
    • Folder icon J. Final hearing
      • Item icon Letter to counsel enclosing brief
      • Item icon Brief to counsel - Civil matters
      • Item icon Letter to client advising of court hearing date
      • Item icon Letter to court advising client will not attend
      • Item icon Letter to witness advising hearing date
      • Item icon Listing questionnaire (pre-trial checklist)
      • Item icon Letter to court filing documents
      • Item icon Court bundles
        A court bundle is an indexed collection of documents that the parties will rely on during the hearing. The bundle would ordinarily include all documents filed in court and evidence and leave out any irrelevant documents, even if they were disclosed in the proceedings. See r 39.5 of the Court ...

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      • Item icon County Court, High Court and Appeal Court - Trial bundle cover page
      • Item icon County Court, High Court and Appeal Court - Trial bundle index
      • Item icon Case summary
      • Item icon Chronology - Civil matters
      • Item icon Letter to other side's solicitor enclosing index to trial bundle
      • Item icon Letter to other side's solicitor enclosing trial bundle
      • Item icon Letter to court filing trial bundle
      • Item icon Final hearing
        Court bundles A court bundle is an indexed collection of documents that the parties will rely on during the hearing. The bundle would ordinarily include all documents filed in court and evidence and leave out any irrelevant documents, even if they were disclosed in the proceedings.

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    • Folder icon K. Finalising the matter
      • Item icon Settled matters
        Practitioners are required to advise the court immediately a matter is settled. Until terms of settlement, consent orders or a notice of discontinuance is filed, the parties must attend before the court if the matter is listed.

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      • Item icon Advising the client
        The client should be advised of the outcome in writing and in particular of any element of the judgment that requires them to take action. Ensure they are aware of any cost consequences associated with not taking the action and thereby breaching a court order. If the client has been successful be ...

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      • Item icon Letter to client advising successful outcome and enclosing invoice
      • Item icon Letter to client advising unsuccessful outcome with advice about appeal and enclosing invoice
      • Item icon Letter to client finalising the matter
      • Item icon Example invoice
      • Item icon Invoice recital - Residential tenancy disputes - Acting for the tenant
      • Item icon Enclosure - Explaining the bill
      • Item icon Closing the file
      • Item icon File closing checklist
      • Item icon File review form - General
  • Item icon Further information
  • Item icon Comments and suggestions for By Lawyers

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