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 e-mail: jean.williams@bgsolicitors.com
Wendy Hughes e-mail: wendy.hughes@bgsolicitors.com
Ben Barber e-mail: ben.barber@bgsolicitors.com
Quick Contact
Grimsby
- 01472 240 251
Louth
- 01507 600 610
Scunthorpe
- 01724 847 888
Barton
- 01652 632 215
