Private Landlord - New Fees Structures
FIXED FEE POSSESSION PROCEEDINGS
Emsleys Housing team comprises only qualified solicitors who deal exclusively in housing law. Praised in The Legal 500, the "committed" team was commended for providing ‘a personal, flexible, friendly and timely professional service", and represents clients from both the private landlord and Social Housing sector nationwide.
Landlord and tenant disputes are often complex and require careful application of the correct law and procedure. Where a Landlord wishes to recover possession of a property from a tenant, getting it wrong can be disastrous, leading to delays, lost revenues and unnecessary legal fees, which is why it is imperative to seek specialist advice at the earliest opportunity.
The appropriate action will be dependent upon a number of factors - from the type of tenancy, the wording of the actual agreement, and how long the tenancy has been running. It may be important to consider the possibility of the tenant making a counterclaim.
This is where expert specialist knowledge and advice is essential.
For clarity and certainty for landlords we have devised a fixed price regime for the most common type of legal action.
Notice Requiring Possession (Section 21)/ Notice Seeking Possession (S8) Housing Act 1988
A Notice Requiring Possession (s21) is used to terminate a shorthold tenancy, but cannot operate before the end of the fixed term (usually six months). The Notice must be served at least two months before the court proceedings are started.
A Notice Seeking Possession (s8) might be used if the fixed term has not expired, but the tenant is in breach of tenancy (most commonly rent arrears). In this case, the Notice must be served two weeks before court proceedings can be brought.
£100 plus VAT per Notice.
Notice Seeking Possession AND Notice Requiring Possession: £150.00 plus VAT
Accelerated Possession Proceedings
These proceedings can be used after the expiry of the fixed term of an Assured Shorthold Tenancy, and the service of a s21 Notice. There is usually no court hearing - unless the tenant asks for more time. Rent arrears cannot be claimed in these proceedings. If the paperwork is correctly executed, there is usually no defence available to the tenant.
Fixed Price: £400.00 (if no court hearing necessary) plus VAT and the court issue fee of £150
Standard Possession Proceedings
If the fixed term has not expired, but the tenant is in breach of tenancy (most commonly rent arrears), or the Landlord wishes to pursue the tenant for a money judgment for rent arrears, standard possession proceedings can be issued either based on the S8 or the S21 Notice.
Fixed Price: Undefended: £600.00 plus VAT and the court issue fee of £150
If proceedings are defended beyond the initial hearing, or a counterclaim made, a costs estimate to conclusion will be provided.
Bailiff's Warrant
If, after the date for possession passes, the tenant does not leave, a bailiff's appointment is required. Our fixed fee for this application is £50 plus VAT; the Court fee is £95.
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