We can advise on which route should be taken and ensure that the correct legal procedure is followed. We are able now to offer you a Stepped Fixed Cost Approach to the Proceedings to help you budget and prepare.
There are two main options available to landlords:
Accelerated Possession Proceedings:
This procedure can only be used where:
- the tenancy is an assured shorthold tenancy (AST)
- there is a written form of tenancy agreement
- a valid form of section 21 notice has been served on the tenant
- the notice period (two months) in this notice has expired
Provided all paperwork is in order there will be no hearing involved in these proceedings and therefore the procedure is quicker and cheaper.
If successful this will result in an order for possession and an order that the tenant pay certain costs.
This procedure cannot be used to claim rent and obtain a money judgment.
Rent Arrears Grounds:
This procedure can be used where:
- there are rent arrears (usually of more than two months or 8 weeks rent but such limits don’t have to be reached);
- a ‘section 8’ notice in the prescribed form has been served upon the tenant(s);
- the notice period of two weeks has expired.
Once proceedings have been issued the court will set the case down for a hearing and evidence of rent arrears due will have to be produced.
If successful, a judgment for the arrears of rent and costs will be granted.
Please be aware the above is general advice: for specific advice on your case please speak to us directly.
Our Fixed Costs for County Court Possession start from only £120 plus VAT.
We know that renting your home can be worrying and you can be concerned that you are being treated properly. Our Dispute Resolution Team have specialist Housing Advisors able to assist you in whatever your issue may be.
Also through our Legal Aid contract, we can offer free legal support to those who are eligible. Legal Aid is still available from us for residential tenants in the following categories:
- Cases where notice of possession or court proceedings have been issued;
- Serious Housing Disrepair;
- Anti-Social Behaviour;
- Harassment by a Landlord or Neighbour;
- Eviction – including Unlawful Eviction.
We know that sometimes time can be short and problems urgent and an appointment is not always necessary, so if you need help, please call or come in to enquire if you qualify for Legal Aid and if we can help.
Landlords in England and Wales are legally required to protect all Assured Shorthold Tenancy deposits in one of the three government-approved tenancy deposit schemes. If the deposit rules have not been complied with, a landlord may be prevented from serving you with a Section 21 notice (i.e. a 2-month notice requiring you to vacate).
So we ask:
- Did you pay your landlord a deposit? If so, when?
- If so, has it been protected with a deposit protection scheme?
- If it has, have you been served with information about how the scheme will handle your deposit?
If you’ve answered NO to either question 2 or 3, then you may be able to make a claim against your landlord for an unprotected deposit. Such claim can potentially be for 3 times the amount of the deposit and the return of the deposit.
If you believe that you might have a claim against your landlord, please contact us. We may be able to assist you under a ‘no win, no fee’ agreement.
We offer a fixed fee first interview for £120 including VAT to discuss your options.
- 01472 240 251
- 01507 600 610
- 01724 847 888
- 01652 632 215