The Process - Landlords Advice Line Services
Eviction and Tenant Advice, know your rights, Call 0845 888 6566
Pre action letter
Before action is taken we would advise a landlord to consider an initial action letter. This will advise the tenant/s that court action will be taken if they do not consider either leaving the premises based on notice already served or if the situation is applicable paying outstanding rental. We find in many cases that tenants receiving correspondence from a third party warning them of action, will take the situation more seriously and act accordingly. This can in some cases assist the landlord from having to make any further unnecessary costs. The cost for this service is £25.00 + VAT.
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Action 1 - Serve Notice
The first step is the serving of notices on the tenant which will consist of either the section 8 notice or the section 21(1)b or section 21(4)a. The type of notice used will be dependent on the client's current situation and instructions. The notice will be hand delivered by one of our agents covered within England & Wales. We always advise that any legal notice is hand delivered to the premises to prevent any unnecessary delays. If in some cases the tenant denies receipt of the notice and a court hearing is required then extra charges may be incurred for a witness to attend the hearing. You may find that sometimes a tenant will adhere to the notice and vacate the premises before any further action is required.
The cost for this service is £110.00 plus VAT if hand delivered or
£50.00 plus VAT if landlord hand delivers.
Action 2 - Court Proceedings
Once the relevant notice has expired and the tenant is still in occupation then an application to court must be made. The two routes that can be taken are as follows:
Section 8 notice route
The court application is made to the court and a hearing date will be set. We will then organise for a legal representative to attend the court hearing with the landlord and act on his/her behalf. Once the order is made and the possession order granted then a date is set for the tenant to vacate the premises.
In some cases if the tenant defends their case and the judge has to reorder a further hearing then further costs can be incurred which would be discussed at the time. The time line for this process could be between 8-10 weeks but is dependant on how busy the courts are at the time.
The total cost for this service is £750.00 inc VAT plus court costs.
Standard accelerated possession using section 21 notice
The court application and all relevant paperwork are forwarded to the court for processing. This route does not normally require a court hearing and is purely a paper application through the system, although in some rare cases a hearing may be requested by the judge, which may incur an extra charge should a legal representative be required to attend court.
Once the court has ordered the tenant to vacate with the possession order secured, they will provide a date for when the tenant has been ordered to vacate by.
The time line for this process will be in the region of 7-12 weeks and does depend on how busy that particular court is at the time of the application. This route is purely for possession of the premises and does not cover for any rent owed by the tenant.
The total cost for this service is £399.00 plus VAT + Court fee of £175.00.
Action 3 - Bailiff Action
If the tenant is still in occupation after the expiry of the possession order then an application to the court bailiff is required. The court will be able to provide a date and time for which the landlord and if necessary a locksmith to attend. The time line for this process will be between 6-10 weeks but is dependant on how busy the courts are at the time.
The cost for this service will be £90.00 plus VAT plus Court Fee of £110.00.