BG Solicitors - Landlord & Tenant

We understand the importance of acting promptly to save you time and money. 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.

There are two main options available to landlords:

POSSESSION (NOT INCLUDING A CLAIM FOR RENT ARREARS)

Typically, a landlords primary aim is to secure possession of the property to prevent further loss and damage. Unfortunately, it is also common place that even with a judgment for rent arrears the landlord is aware that they are unlikely to recover those monies from the tenant.

In these situations, the use of accelerated possession proceedings provides a quicker, lower cost option, usually without the need for a Court hearing.

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 noticehas 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.

POSSESSION (TO INCLUDE A CLAIM FOR RENT ARREARS)

In circumstances where the accelerated possession route is not possible, or where the landlord wishes to obtain a judgment for any rent arrears standard possession proceedings are available where:

there are rent arrearsof 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.

Or alternatively

a valid form of section 21 noticehas been served on the tenant
the notice period (two months) in this notice 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, this will result in an order for possession, judgment for any arrears and an order that the tenant pay certain costs.

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 (No Judgment for rent arrears)	STANDARD POSSESSION PROCEDURE (Judgment for rent arrears)
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.	£275.00 Inc VAT	Section 8 Notice: £200.00 Inc VAT Section 21 Notice: £275 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*	£675.00 Inc VAT Plus court fee of £391.00 (Total £1066.00)	£850.00 Inc VAT Plus court fee of £391.00 (Total £1241.00)
Stage 3	Applying for an eviction date and advising you of the same	£275.00 Inc VAT Plus court fee of £143.00 (Total £418.00)	£275.00 Inc VAT Plus court fee of £143.00 (Total £418.00)
	ADDITIONAL NOTICES S3 Notice of change of landlord S48 Notice with Address for Service	£150.00 Inc VAT	£150.00 Inc VAT

*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.

Denise Bell – email: denise.bell@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.

Advice is 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.

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.