Possession Proceedings

Description

These services are essential to get right in residential property management. Incorrect drafting/processes may mean that the landlord is unable to obtain possession and/or arrears and other costs from their tenant.

Landlords cannot legally evict residential tenants unless they have obtained a court order for possession. Once a landlord does have a Possession Order, if the tenant doesn’t move out, that Possession Order ought to be enforced by bailiffs.

Prior to applying to court for possession the landlord must serve a notice on the tenant advising the tenant that they wish to bring the tenancy to an end. Proceedings cannot begin validly until after the notice period has expired. After the notice period has expired the court’s processes for the notice routes are:

Section 21 (Expiry) without any arrears claim - Accelerated paper

Section 21 (Expiry) with an arrears claim (normally arrears are not recoverable in practice) - traditional paper

Section 8 (Breach) with or without arrears claim - Possession Claims online

We will issue the relevant litigation on your behalf; our fee does not include any subsequent litigation support work that may be required, that we will supply at our standard time rates.

Please note that this applies to English properties only. The Renting Homes (Wales) Act 2016 will come into force on 15 July 2022. This Act will fundamentally change the current system for letting residential property in Wales.

How long will it take?

We don’t generally do anything for new clients until our process of client retention has concluded – this involves agreeing the scope of what we are doing for the price (our terms are below), setting-up our client record, and producing the bill (payment in advance is required for all new clients).

After that, the production of the Court papers for filing can take a few hours. once we can schedule it in our workflow, that can depend on how busy we are at any particular time. We would not usually take-on a job for which we could not engage within about a working week.

These Processes then need to be sent to the Court for issue and service – that can take about a fortnight for the Court to process.

Money Matters

Your supplier is SRA-regulated Mounteney Solicitors, that charges VAT some customers may be able to reclaim

We charge £425 + VAT = £510 for issuing Possession proceedings. There is an additional Court fee in each case, which varies by procedure adopted (we will advise - usually £355).

PLEASE NOTE: Our fixed fee is for issuing the proceedings only. There will be an advocacy and arrangement fee for those procedures that require a hearing (we can discuss options and prices via email as this may arise - we would expect an average total of about £465.00 including VAT if we were to send an LPC advocate on your behalf - which is the prefered option).

There is more about our fees on our website here

If you have any questions or require any further information, please don’t hesitate to Contact Us.