Eviction of residential tenants - possession proceedings
The legal requirements and obligations for landlords is ever-changing. Typically, landlords must provide the following documents to a tenant:
Energy Performance Certificate
Gas Safety Certificate
How to Rent Guide
Deposit scheme certificate and the prescribed information (if a deposit has been taken)
A copy of the relevant licence (if the property is subject to licencing)
If just one of the requirements has not been met, either before you let a property to a tenant or before you serve a notice seeking possession, this can delay and in some cases prevent you obtaining possession of a property. If you are unsure whether you have a submitted the necessary documents and information to your tenant, our specialist solicitors are able to advise on what action should be taken before you can serve a valid notice seeking possession for a fixed fee of £500 + VAT.
Once you are in a position to serve a valid notice seeking possession, our landlord and tenant specialists are able to offer fixed fees to enable you to budget for each step of the possession process.
Step 1: Prepare section 8 and/or section 21 notice(s) - £250 + VAT
We will draft and provide the relevant notice(s) for service in the correct forms in accordance with the applicable laws and regulations. We will record and report on all relevant dates and keep you updated throughout the process. We are able to serve the notice(s) for you, dependent on your requirements.
Step 2: Issue accelerated section 21 proceedings - £600 + VAT and disbursements*
We will prepare and submit your claim for possession at court, keeping you updated throughout the process and provide a copy of the order of possession once secured.
This is based on there being no defence submitted in response to your claim. If a defence is received, our specialists will provide you with a clear cost estimate going forwards tailored to the next steps in your case.
Issue possession proceedings (section 21 with claim for arrears or section 8 proceedings) - £750 + VAT and disbursements*
We will draft and issue the required court issue documents. We will liaise with the court and record and report on all upcoming deadlines. This fee includes all costs up to and including preparation for the first hearing which covers the preparation of a witness statement, a claim for costs and arranging representation at the hearing for you.
If the first hearing is adjourned for reasons beyond our control or the proceedings continue beyond a first hearing (for example, if a defence is submitted by the tenant), we will provide you with a clear cost estimate going forwards tailored to the next steps in your case.
Step 3: Application for a warrant of possession - £150 + VAT and disbursements*
We will prepare and issue the application required to arrange an appointment for the court bailiff to secure possession of the property for you. Once a date for the warrant to be executed has been set, you will be required to arrange for a locksmith to attend the property to change the locks once possession has been secured by the bailiff.
*Disbursements are ordinarily court fees and advocate fees (for representation at hearings). Disbursements will be agreed with you before they are incurred.
Once you have secured possession of the property, our specialists are also able to assist in recovering rent arrears against either the tenant or a guarantor - Find out more.
Unlawful eviction is the removal of a tenant from a property without a court order.
Our team of specialists can provide advice and assistance to a landlord if faced with an unlawful eviction claim by a tenant.
At Stephensons we provide complete advice and assistance to landlords to help prevent or minimise the cost of a claim for unlawful eviction seeking to help solve the problem at the earliest possible point.
To arrange a consultation call us on 01616 966 229 or complete our online enquiry form and a member of the team will contact you directly.