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Landlord Possession Proceedings

Landlord Possession Proceedings At Tinsdills

Find out more about obtaining possession of a residential property let under Assured Shorthold Tenancies.

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Landlord Possession Proceedings

There are two main routes to obtaining possession of residential property let under an Assured Shorthold Tenancy. One is pursuant to section 8 of the Housing Act 1988 (“section 8”) and the other is pursuant to section 21 of the Housing Act 1988 (“section 21”) and the accelerated possession procedure (“APP”) although you do not have to use the APP.

The section 8 route is effectively fault-based and mainly used when the tenant is in breach of the terms of the tenancy (i.e. the landlord has grounds for possession). The most common ground for possession is arrears of rent (grounds 8, 10 and 11). Provided the tenant is (in the case of a monthly rent) 2 months or more in arrears on the day that the section 8 notice is served and on the day of the hearing the Court will Order possession. The section 8 route can also seek rent arrears in addition to possession. It is possible to claim rent arrears under section 21 but not whilst using the APP.

The section 21 route is not fault-based and is used where the tenancy agreement has come to the end of its fixed term or if the tenancy has rolled into a monthly tenancy and the landlord simply wants to bring it to an end and retake possession. Unlike the section 8 route, the landlord does not require a ground for possession. Rent arrears cannot be recovered under the section 21 APP route.

Therefore:

The section 8 route should be used when a tenant is within a fixed term and has done something wrong (e.g. fallen into rent arrears) or if the landlord wants an order for possession and arrears.

The section 21 route should be used when the landlord wants the tenant to vacate the property at the end of the fixed term or during a monthly/rolling tenancy.

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    Possession Proceedings Costs

    Our fees are fixed and the amounts below include VAT (at 20%) and all court fees. The court fee payable on issuing the claim is currently £391 and the fee on applying for a Warrant of Possession (to instruct the bailiff to attend) is £143. The court may award you a nominal fixed sum in respect of costs that is likely to be less than the charges incurred.

    IMPORTANT

    Please note that these fixed fees only apply as long as the tenant does not actively oppose the claim, or raise a defence and/or counterclaim which will require more detailed evidence to be prepared and submitted to the court. Additionally, if more than one initial attendance at court is required, then additional costs will be incurred.

    In those cases, our charges will revert to our standard hourly-rates calculated on a time-spent basis. These costs will depend very heavily on the nature of the defence and/or counterclaim put forward by the tenant and the number of court attendances required..

    Document

    Stage 1

    This includes initial advice, a review of the tenancy agreement by a solicitor and advice on whether to proceed by way of section 8 or section 21 (or both) and drafting and serving the appropriate form of notice; in the case of section 21, we will consider and advise on whether the correct information has been served on the tenant prior to them going into occupation. A land registry fee of £3 plus VAT at 20% is also payable.
    £300
    (£250 plus VAT at 20%)
    £300
    (£250 plus VAT at 20%)
    £360
    (£300 plus VAT at 20%)

    Stage 2

    This includes the drafting of the court proceedings, advising on the process, corresponding with the tenant and attending at court on your behalf (if required) to obtain a possession order.
    £991
    (£391 Court Fee plus £500 plus VAT at 20%)
    This includes the drafting of the court proceedings, advising on the process, corresponding with the tenant and attending at court on your behalf (if required) to obtain a possession order.
    £1,171
    (£391 Court fee plus £650.00 plus VAT at 20%)
    £1411
    (£391 Court fee plus £850 plus VAT at 20%)

    Stage 3

    If the tenant does not leave after the expiry of the possession order, we will arrange for the court bailiff to attend at the property and execute a Warrant of Possession to evict the tenant.
    £443
    (£250 plus VAT at 20% plus £143 warrant fee)
    £443
    (£250 plus VAT at 20% plus £143 warrant fee)
    £443
    (£250 plus VAT at 20% plus £143 warrant fee)