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Tenant Eviction Solicitors

At Eric Robinson Solicitors we have many years’ experience advising commercial and residential landlords on how to evict their tenants.


The process of renting should be simple, however landlords are likely to face issues during their time managing a property. No one wants to face a court hearing in order to evict tenants, but if issues aren’t resolved quickly and efficiently you may well reach a point where you are required to initiate possession proceedings against your tenant.

Whether you are a residential landlord who needs advice on tenancy agreements, protection of a rent deposit, your obligations towards your tenants, or how to evict your tenant. Or whether you are a commercial landlord wishing to evict your tenant for breach of tenancy agreement or non-payment of rent, seeking legal advice from a solicitor would be wise. If you involve a lawyer early on you could avoid lengthy court proceedings.

There may also be situations where you need to give notice to evict a lodger with whom you share occupation of your property. We also recognise that there may be instances where you will need to urgently give notice and evict someone who has illegally entered into occupation of commercial or residential property and has started squatting. At Eric Robinson we can represent you where you require an an urgent court order whatever of the details of the case and the across all types of properties.

What can our solicitors do for you?

Our tenant eviction specialists offer an expert eviction service, helping clients deal with their case quickly and efficiently.

At Eric Robinson we have many years’ experience offering tenant advice to commercial and residential landlords. There are a number of steps that need to take place in the eviction process, including issuing written notice, applying to the court for a possession order, and where a tenant does not leave voluntarily, requesting the issue of a Warrant of Possession to enable the instruction of the court bailiff. Whether you’re looking for assistance with the service of a notice, the drafting and issue of possession proceedings, or the process of the physical eviction of tenant s, lodgers or squatters, we can help.

At Eric Robinson Solicitors our team will expertly guide you through the eviction process and we will also assist with seeking to recover financial losses such as rent arrears and legal costs. We have years of experience in preparing eviction notices, including section 8 and/or section 21. We also have experience in the preparation of a witness statement for our clients and can advise on the law surrounding any government backed Tenancy Deposit Scheme you may be involved in and the recovery of rent arrears.

Unlike some providers of landlord and tenant services, at Eric Robinson a qualified and experienced lawyer will advise and support you throughout the entire eviction process. We’re efficient and we’re professional, accredited by the Solicitors Regulation Authority and the Law Society. If you want to initiate possession claims and you are looking for a tenant eviction service you can trust, please don’t hesitate to get in contact with a member of our team. We are happy to offer information on any enquiries you have, able to take you through the steps necessary to resolve your issue. complaint

We offer can fixed fees inclusive of VAT for the service of an initial letter and notice s, and in relation to residential possession claims, we can offer fixed fee services where you are seeking possession via the section 8 and/or section 21 route. Please phone us today or visit any of our 6 offices located throughout Hampshire and Surrey.

FAQs

Fixed fee price list for undefended claims

Section 8 notice – £80.00 + VAT (£96.00) + £3.00 Office Copy entries = £99.00 all inclusive.
Section 21 notice – £80.00 + VAT (£96.00) + £3.00 Office Copy entries = £99.00 all inclusive.
Section 8 & Section 21 – £135.00 + VAT (£162.00) + £3.00 Office Copy entries = £165.00 all inclusive.

 

Traditional possession proceedings (i.e. rent arrears and possession)

  • £450.00 + VAT (£540.00) – to draft all necessary paperwork upon the expiration of your notice including arranging for the issue and service of your possession claim;
  • £135.00 + VAT (£162.00) – to represent you at court at your possession hearing;
  • £355.00 – court fee payable to the court service to issue your claim;
  • Total – £1,057.00.

 

Accelerated possession proceedings (i.e. possession only)

  • £375.00 + VAT (£450.00) – to draft all necessary paperwork upon the expiration of your notice up to and including requesting an Order for Possession;
  • £355.00 – court fee payable to the court service to issue your claim;
  • Total – £805.00.

Note: The above fees are for undefended possession claims only.  Should a defence be entered additional work required will need to be carried out and the fee for such work will be based on the hourly rate of the fee earner with conduct of your file.

 

Instructing County Court bailiff to enforce Order for Possession (standard procedure)

  • £70.00 + VAT (£84.00) – to draft the writ of possession including arranging for it to be issued at the relevant Count Court and liaising with you as to the eviction date; 
  • £121.00 – court fee payable to the court service to issue your claim;
  • Total – £205.00

 

Instructing High Court enforcement officers to enforce Order for Possession (optional procedure)

  • £90.00 + VAT (£108.00) + £50.00 application fee – to apply for permission to transfer the matter to the High Court for enforcement under Section 42 County Court Act 1984;
  • £80.50 + VAT (£96.60) + £60.00 court fee – to instruct High Court enforcement officers and also to apply for a writ of possession;
  • £295.00 + VAT (£354.00) (on the basis of the eviction being completed within an hour) – High Court enforcement officer’s fee for recovering possession
  • Total – £668.60

 

Other occupiers

Not all people in occupation of a property will be classified as a tenant and therefore the way in which they may be removed from your property may differ to the standard possession proceedings detailed above.  Eric Robinson can offer appropriate possession services in unusual circumstances so please do contact Elizabeth Eastley on 02380 218032.

 

Fixed fees for possession claims – COVID-19 Bolt on
For claims issued BEFORE 19 September 2020

Due to recent further legislation there will be extra work to be carried out on your matter if proceedings have already been issued. There will therefore be further fees in addition to the above fixed fees which will include preparing and serving the re-activation notice, making the required enquiries with the tenant(s) regarding the effect Coronavirus has had on them, preparing the rent arrears schedule and sending to the Court under witness statement.

The additional fees will be:

Our fees for the above£150 plus VAT
Our fees for the reactivation notice only£80 plus VAT*

*NOTE: The landlord would be responsible for preparing the rent arrears schedule and also make the requests to the tenant directly regarding the impact of Coronavirus on them.

 

For claims issued AFTER 19 September 2020 until 31 March 2021
Accelerated procedure

To include drafting the court paperwork upon expiry of notice, £475 plus VAT a notice setting out the knowledge that they have as to the plus disbursements effect of COVID-19 on the defendant and their dependants up as above to an including requesting an order for possession.£475 plus VAT plus disbursements as above

 

Traditional Possession Procedure

To include drafting the court paperwork upon expiry of notice, witness statement to include knowledge impact of Coronavirus on tenant(s), representation at one court hearing** up to an including requesting an order for possession£550 plus VAT plus disbursements as above

**NOTE: in the event that there is more than one court hearing we reserve the right to increase the fees mentioned above.

 

Instructing Bailiff to enforce possession order (warrant)

Preparing and serving a notice of eviction and filing and Serving this. Drafting writ of possession and issuing this at Court. Liaising with you regarding eviction.£100 plus VAT plus court fee

Are there legal requirements to consider when renting a property to residential tenants?

Before you decide to rent out your house, flat or other residential property, make sure you have a handle on what it offers. You will not only be able to properly market it and achieve the best rental price, but by taking a good look around it, you will notice the things that are in need of repair. It is important to get the property into a fit state for your tenant, and there are certain legal minimums. Under the Landlord and Tenant Act there must be proper working sanitation facilities (such as basins, sinks, baths and toilets), heating facilities, and installations which supply water, gas and electricity. The structure and exterior of the property – drains, gutters and external pipework, for example – must also be working properly.

Keep a close eye on the condition of the property as time goes by. Landlords have an ongoing legal duty to keep these aspects of the property in repair and in proper working order.

Do I need to make a record of the property’s condition before the tenants move in?

Taking photographs of the property’s condition could help you avoid disputes during or after the tenancy. Once you are ready for the tenant to move in, have a schedule of condition prepared which includes photographs demonstrating the condition of all aspects of the property. Make sure that particular attention is paid to those features covered by the Landlord and Tenant Act and which must be in good working order. It is also a good idea to get evidence that you dealt with problems with the property’s boiler or guttering, for example, as they arose during the course of the tenancy.

Your photos will help prove that you complied with your repair and maintenance obligations under that Act. They could also help you show that any damage found at the property has been caused by the tenant and that they should pick up the repair costs.

Can I run background checks on a potential tenant?

We’re not talking surveillance, but it is sensible to carry out some simple background work. Without this, you really are stepping into the unknown. Credit checking is always a good idea. Follow up on the references prospective tenants provide; other people’s experiences can be telling. Always meet the tenant before signing them up. You will know if they are the sort of person you’re looking for.

Do I need a written tenancy agreement?

It is every lawyer’s mantra, but this really is essential. A properly drawn-up agreement will contain all the terms you need to ensure that you and the tenant understand what is expected of you both during the tenancy. It is a way of avoiding disagreements. But even where a dispute arises, a written agreement should enable you to sort it out quickly.

Another major benefit of having a tenancy agreement is that if problems arise and you need to evict your tenant, you will be able to issue an Accelerated Possession claim. It means the eviction could happen far more quickly than under the standard possession process.

Can I require the tenant to pay a deposit?

A tenancy deposit is a form of protection for landlords. If the tenant damages the property or fails to pay rent or to meet other obligations, you will be able to use the deposit to compensate you for your losses. Deposits aren’t vast sums – they are usually one or two months’ rent – but that can be useful to call on.

There is a slight downside, as there is a strict process to follow. If you decide to ask a tenant for a deposit, you will need to comply with statutory obligations and put the deposit into a government-backed tenancy deposit scheme. This generally applies to all residential tenancies created after 6 April 2007 and it protects tenants’ deposits until any issues at the end of the tenancy are sorted out.

If the proper procedure is not followed and a tenant’s deposit isn’t protected in this way, you will encounter major difficulties in the event that you wish to ask your tenant to leave.

Can I require the tenant to provide me with a guarantor?

When a tenant defaults on rent it is usually because they can’t, rather than won’t, pay. In that situation, there would be no point in suing; getting a judgment against them wouldn’t take you any closer to your money.

Think about making it a term of the tenancy agreement that payments due are guaranteed by someone with more secure and sound financial standingthan the tenant. It’s good to know that you have that protection in place.

How long is the tenancy for?

Every tenancy is a commitment; a set of promises between landlords and tenants. How long do you want to be tied to having the tenant in your property? How long do you need the financial security of monthly rental payments? Two different questions, each requiring careful thought.

The minimum initial fixed term for any standard residential tenancy is six months, although you can decide to make it longer. Even if you don’t agree a longer term, a fixed term tenancy will automatically continue as a statutory periodic tenancy, with rent payable at the same frequency as before, following the expiry of the initial period.

So it pays to understand exactly what you are agreeing with the tenant and how you would like the tenancy to pan out. For example, if you agree a longer fixed term and it transpires that you would like to remove your tenant during the agreed period, but the tenant is not in breach of any of the terms of the agreement, you would be required to wait until the end of the fixed term before you can lawfully regain possession.

Do I need to retain records of the tenant’s payments?

You are a landlord. You are running a business. So make sure that your paperwork is taken care of. In particular, keep records of rent payment dates and the dates on which payments are made. You’ll quickly see if a tenant has defaulted, and you’ll be able to act on it.

Having properly compiled, accurate records makes the process of taking action for rent arrears far simpler.

What should you do if your tenant misses a rent payment?

However tempting it might be to take a missed payment of rent in your stride for the sake of good landlord/tenant relations, it is important to deal with it properly. A tenant who fails to pay rent when it falls due is breaching their obligations. It is not uncommon for one missed payment to be the first of many.

How you choose to handle the situation should depend on all the circumstances. We often advise clients to serve a Section 8 notice to protect their position and prevent further arrears accruing.

Should I take legal advice before entering into a tenancy?

We would say that, wouldn’t we? But the reality is that landlord and tenant law has all sorts of intricacies which can catch people out. It is partly about process, but it is also something which if used properly can create a robust platform for the landlord’s business. That’s where specialist legal knowledge helps grow and protect landlords’ commercial interests.

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