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.

3 Matter Plans

Overview

The commentaries cover rent arrears, noise nuisance, anti-social behaviour, deposit disputes, 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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3 Matter Plans Included

  • Item icon ALERT - From 1 May 2026, the Renters' Rights Act 2025 introduces significant reforms to tenancy disputes, specifically possession proceedings.
    From 1 May 2026, the Renters' Rights Act 2025 introduces significant reforms to tenancy disputes, specifically possession proceedings.

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  • Item icon Full Commentary - Residential Tenancy Disputes - Acting for the Landlord
  • Folder icon Reference materials
    • Item icon AI Prompts
    • Item icon Electronic Signing and Witnessing
    • Item icon Looking to the Future
    • Item icon Further information
    • 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. Until 1 May 2026, most residential leases were fixed ...

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  • Item icon Summary of the process
    The usual steps in acting for a landlord in a short residential tenancy dispute matter are:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Residential tenancy disputes
    • Item icon To do list - Residential tenancy disputes - Acting for the landlord
    • Item icon First steps
    • Item icon Retainer instructions - Residential tenancy disputes
    • Folder icon Compliance documents
      • Item icon Client Due Diligence and Anti-money Laundering Guidance
      • Item icon Client details, identity verification, source of funds and wealth
      • Item icon Record of compliance checks
      • Item icon Compliance monitoring form
      • Folder icon If required - Reporting an issue
        • Item icon Anti-money laundering internal disclosure
    • Item icon Initial letter to client enclosing client care information 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 - 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 - Updating costs estimate
      • Item icon Letter to client updating costs estimate
    • 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 Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
        • Item icon Execution clauses - Overseas companies
      • Folder icon Statements and declarations
        • Item icon Affidavit - General
        • Item icon Exhibit sheet for affidavits - General
        • Item icon Statement of truth
        • Item icon Statement of truth - High Court
        • Item icon Statutory declaration
        • Item icon Statutory declaration of no interest in property
        • Item icon Statutory declaration of solvency
        • Item icon Witness statement - Civil matters
        • Item icon Exhibit sheet to witness statement - Civil matters
        • Item icon Witness statement - Family matters
        • Item icon Exhibit sheet to witness statement - Family matters
      • Folder icon Consents
        • Folder icon If required - Personal data consent - General
          • Item icon Letter to client enclosing general consent
          • Item icon Letter to third party enclosing general consent
          • Item icon Letter to third party requesting personal data and enclosing client’s general consent
          • Item icon Letter to third party requesting personal data and enclosing third party general consent
          • Item icon Client’s consent to provide information - General
          • Item icon Third party’s consent to provide information - General
        • 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 Client’s consent for health professional to provide information
          • Item icon Third party’s consent for health professional to provide information
        • 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 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 Minimum Energy Efficiency Standards (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 ground 14 ...

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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
      Residential tenancies can end: by mutual agreement, or:

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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 Settling the matter
    • Item icon Letter to the other side’s solicitor suggesting alternative dispute resolution
    • Item icon Mediation settlement agreement
    • Item icon Letter to defendant’s solicitor making Calderbank offer
    • Item icon Early neutral evaluation agreement
    • Item icon Neutral evaluator confirmation and agreement
    • Item icon Arbitration agreement
    • Folder icon If required - Part 36 offers
      • Item icon Information sheet - 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 Clause - Consent order Tomlin wording for stay of proceedings
    • 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 want to leave the property. This may not necessarily occur because the tenant has breached the tenancy, 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 Possession proceedings
      The court will not make an order for possession 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 landlord can apply for ...

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    • Item icon Issuing possession proceedings – Part 55 of the Civil Procedure Rules
      The issue of possession proceedings is governed by Part 55 of the Civil Procedure Rules, supplemented by Practice Direction 55A, dealing with procedures, and Practice Direction 5B, dealing with online claims. See also Making a claim online.

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    • Item icon Letter to tenant giving notice to issue possession proceedings
    • Folder icon Library of common possession notices
      • Folder icon Residential tenancies - Housing Act 1988
        • Item icon Notice of intention to begin possession proceedings under the Housing Act 1988
        • Item icon Form 3A: Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy in the private rented sector - GOV.UK
        • Item icon Form 3A: Completing the notice seeking possession – guidance for private landlords
        • Folder icon Library of legal wording for posssession grounds
          • Item icon Ground 1 - Occupation by landlord or family
          • Item icon Ground 1A - Sale of dwelling house
          • Item icon Ground 2 - Sale by mortgagee
          • Item icon Ground 2ZA - Possession when superior lease ends
          • Item icon Ground 2ZB - Possession when superior lease ends
          • Item icon Ground 2ZC - Possession by superior lease ends
          • Item icon Ground 2ZD - Possession by superior lease ends
          • Item icon Ground 4 - Student accommodation
          • Item icon Ground 4A - Student accommodation for occupancy by students
          • Item icon Ground 5 - Ministers of religion
          • Item icon Ground 5A - Occupation by agricultural worker
          • Item icon Ground 5C - End of employment by landlord
          • Item icon Ground 5E - Occupation as supported accommodation
          • Item icon Ground 5F - Dwelling-house occupied as supported accommodation
          • Item icon Ground 5G - Tenancy granted for homelessness
          • Item icon Ground 6 - Redevelopment
          • Item icon Ground 6B - Compliance with enforcement action
          • Item icon Ground 7 - Death of tenant
          • Item icon Ground 7A - Severe antisocial and criminal behaviour
          • Item icon Ground 7B - No right to rent
          • Item icon Ground 8 - Rent arrears
          • Item icon Ground 9 - Suitable alternative accommodation
          • Item icon Ground 10 - Any rent arrears
          • Item icon Ground 11 - Persistent rent arrears
          • Item icon Ground 12 - Breach of tenancy
          • Item icon Ground 13 - Deterioration of property
          • Item icon Ground 14 - Antisocial behaviour
          • Item icon Ground 14A - Domestic violence
          • Item icon Ground 14ZA - Rioting
          • Item icon Ground 15 - Deterioration of furniture
          • Item icon Ground 17 - Inducement or false statements
          • Item icon Ground 18 - Supported accommodation
      • Folder icon Secure tenancies
        • Item icon Notice of seeking possession
        • Item icon Notice of seeking termination of tenancy and recovery of possession
    • Folder icon If required - Landlord's withdrawal of notice
      • Item icon Landlord’s withdrawal of notice terminating tenancy
  • 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 Court practice and procedure
      Land and property disputes are dealt with by specialist tribunals, the County Court, or the High Court, depending on the nature of the dispute. Where a question of law is involved, the matter may begin in a tribunal and be referred to the courts by way of an appeal. The most common proceedings ...

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    • Item icon Letter to client enclosing overview of court process
    • Item icon Overview of the litigation process from a claimant's point of view
    • Item icon Overview of the litigation process from a defendant's point of view
  • 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. Interim applications
    • Item icon Interim applications
    • Item icon Clause - Wording for Form N244 Application Notice, box 3 - Security for costs
    • Item icon Example content - Draft order - Security for costs
    • Item icon Letter to client with advice about default judgment
    • Item icon Request for judgment and reply to admission (specified amount)
    • Item icon Request for judgment by default (amount to be decided by the court)
    • Item icon Clause - Draft order - Setting aside default judgment on the basis of a real prospect of defending the claim
    • Item icon Defence form
    • Item icon Application notice
    • Item icon General form of judgment or order
    • Item icon Clause - Wording for Form N244 requesting summary judgment
    • Item icon Example content - Draft order for summary judgment
    • Item icon Letter to court filing documents
    • Folder icon If required - Evidence
      • Item icon Letter to court filing written evidence
      • Item icon Letter to other side's solicitor serving written evidence
    • Item icon Letter to client with advice about summary judgment
  • Folder icon J. Evidence
    • Item icon Evidence
    • 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
    • Folder icon If required - Expert witnesses
      • Item icon 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 K. 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 L. 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 Information sheet - Explaining the bill and authority to deduct
    • Item icon Closing the file
    • Item icon File closing checklist
    • Item icon File review form - General
  • Item icon Comments and suggestions for By Lawyers

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