Landlord and Tenant

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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. The notice can be handed to the tenant in person or sent by recorded delivery. Remember that the notice period given in the notice begins from the time the tenant receives the notice, not when the notice was posted. Always allow a few extra days so that there is at least the requisite notice.

There are two notice routes:

  • Section 8 notices (Breach) 
  • Section 21 notices (Expiry) 

The court processes for the notice routes are:

  • Accelerates paper for Section 21 without arrears
  • Traditional paper for Section 21 with arrears
  • Possession Claims online for Section 8 with or without arrears

We will draft and serve the notices and/or draft tenancies. We will also fully conduct the relevant litigation on your behalf.

We also advise on tricky situations such as tenants who disappear leaving their goods.

How long will it take?

The time taken for our  work to conclude depends on precisely what it is we are asked to do.  We will always endeavour to complete any work in a timely manner.  

Money Matters

Our work will be charged at a fixed fee of:

  • £72 including VAT for drafting Tenancies
  • £72 including VAT for Eviction Notices (Section 8 or 21)
  • £420 including VAT for issuing Possession proceedings. There is an additional Court fee in each ease, which varies by procedure adopted (we will advise). There will also be a £175 + VAT advocacy fee for those procedures that require a hearing
  • £210 including VAT for enforcing a Possession Order with a warrant and bailiff’s visit. There is an additional fee for the Court Bailiff

Our fee applies regardless of how much work we actually do. In some cases this may mean we’ll get relatively better paid for doing less work than in other cases, in which the fixed fee will barely cover our costs. This is simply the nature of the mutual gamble between a solicitor and their client when they fix a fee.

More detail of all these matters will be outlined in our retainer letter which you will be able to review before you engage us, after pressing the “Buy” button on the website.

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