Landlord & Tenant

When the time comes to begin taking possession proceedings against tenants it is important to consider all options available in order that the most cost effective procedure is used based on the landlord’s objectives.

When the time comes to begin taking possession proceedings against tenants it is important to consider all options available in order that the most cost effective procedure is used based on the landlord’s objectives.  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 (details of our costs are overleaf)

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 the 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 GROUND:

This procedure can be used where:

  • there are rent arrears of a total value of more than two months or 8 weeks rent;
  • 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.

Please be aware the above is general advice: for specific advice on your case please speak to us direct

OUR FIXED COSTS FOR POSSESSION PROCEDURES

 

Accelerated Possession Procedure
Section 21
Rent Arrears Ground
Section 8
Stage 1 Preparing & serving valid notice upon the tenant(s)
THIS MAY BE SUBJECT TO INCREASE IF YOU HAVE NOT PROPERLY PROTECTED A DEPOSIT. WE WILL GIVE ADVICE AND FURTHER COST DETAILS AT OUR FIRST MEETING.
£144.00 Inc VAT £144.00 Inc VAT
Stage 2 All work up to and including obtaining a possession order at the first hearing, including drafting proceedings, witness statements and attendance at court* £570.00 Inc VAT
Plus court fee of £355.00
(Total £925.00)
£660.00 Inc VAT
Plus court fee of £355.00
(Total £1015.00)
Stage 3 Applying for an eviction date and advising you of the same £168.00 Inc VAT
Plus court fee of £130.00
(Total £298.00)
£168.00 Inc VAT
Plus court fee of £130.00
(Total £298.00)
Grand total from Stage 1 to Stage 3 £1367.00 £1457.00

 

*Please note that if the tenant raises a defence or the hearing is adjourned, then fixed fees will no longer be applicable and we will give an estimate of fees at our hourly rate depending on the reason for adjournment or nature of the defence raised.

Contact our Housing Team on 01472 240251 who would be happy to assist and provide you with more details.

Jean Williams  – jean.williams@bgsolicitors.com
Wendy Hughes – wendy.hughes@bgsolicitors.com
Ben Barber – ben.barber@bgsolicitors.com

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;
  • Homelessness;
  • 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.



    Fees

    We offer a fixed fee first interview for £120 including VAT to discuss your options.

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    • 01472 240 251

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    • 01507 600 610

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    • 01724 847 888

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    • 01652 632 215

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    Ben Barber

    Ben Barber

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    Jean Williams

    Jean Williams

    Litigation Executive

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