Personal Debt Recovery Solicitors

Disputes over money are an unwelcome part of life

Distracting, at best; draining, at worst.

Dispute Resolution

Debt recovery FAQs

Section 8 notice – £100.00 + VAT (£120.00) + £3.00 Office Copy entries = £123.00 inclusive of VAT.
Section 21 notice – £100.00 + VAT (£120.00) + £3.00 Office Copy entries = £123.00 inclusive of VAT.

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

  • £550.00 + VAT (£660.00) – to draft all necessary paperwork upon the expiration of your notice including arranging for the issue and service of your possession claim;
  • £300.00 + VAT (£360.00) – to represent you at court at your possession hearing;
  • £355.00 – court fee payable to the court service to issue your claim;
  • Total – £1,375.00 inclusive of VAT.

Accelerated possession proceedings (i.e. possession only)

  • £475.00 + VAT (£570.00) – 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 – £925.00 inclusive of VAT.

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)

  • £100.00 + VAT (£120.00) – 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;
  • £130.00 – court fee payable to the court service to issue your claim;
  • Total – £250.00 inclusive of VAT.

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

If you wish to proceed with this option we will advise you separately of our bespoke fees for the service.

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 Solicitors can offer appropriate possession services in unusual circumstances so please do contact a member of our Dispute Resolution team on 02380 218000.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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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See what our customers say…

Excellent

Based on 435 reviews
30 Oct 2024

I just bought my first home

I just bought my first home, and Angela Payne helped me. I could not be happier all around with both the purchase, and the service that Angela provided me. Her attention to detail saved me in a few instances, and her timely, professional, and accurate handling of my purchase was just fantastic. I am over the moon with this commitment, and I don’t think I could have done it without Angela. I highly recommend her for your legal needs, and will use her again if/when the time comes.


Jennifer Williams
29 Oct 2024

wrapping up the family estate after the…

To wrap up the family estate after the death of my mother was a daunting prospect. Mostly because I live over 100 miles away. My parent’s wills were lodged with Eric Robinson. Sarah handled the sale of our family home. It is obvious that they have a good working relationship with the chosen estate agents. I was kept informed of proceedings and I was able to be involved more closely with the estate agents. Not once did I have to travel to Eric Robinsons, or spend hours sorting any issues. All was handled in a professional and confident manner. Sarah’s assistant Megan was always very helpful when I phoned for help. Nothing was too much trouble.


El
29 Oct 2024

Easy

A very straightforward and simple process with Terry, highly recommended.


Mr Nick Khaira
16 Oct 2024

Excellent service

Eric robinson solicitors were excellent. We used their services to complete our house purchase. All thanks to the amazing work done by Sajith Pillai, who made sure all searches were done in time. His attention to detail and work ethic is highly commendable. We are very happy with the whole process and would recommend them without any doubt. Thanks again Sajith!


Chandini Nair
04 Oct 2024

I had the pleasure of working with Chui-Wah

I had the pleasure of working with Chui-Wah for the conveyancing of both the sale of my home and the purchase of a new property, and I couldn’t be more pleased with the service she provided. From start to finish, Chui-Wah was incredibly efficient, professional, and displayed a high level of skill and expertise that gave me complete confidence throughout the entire process. She handled every detail with care, ensuring that everything progressed smoothly and on time. Her communication was excellent, keeping me informed every step of the way, and her ability to navigate any challenges with ease was truly impressive. I am so grateful to have had Chui-Wah representing me, and I highly recommend her to anyone in need of a solicitor for a house sale and purchase. Making what can often be a stressful process feel seamless!


kevinh
01 Oct 2024

Thank you Angela

I would like to give a big thank you to Angela Payne for all her help with a difficult property sale. Angela had to deal with difficult solicitors and housing associations. Angela was very helpful and professional while being very approachable. Would recommend her and Eric Robinsons.


Richard Walters
30 Oct 2024

I just bought my first home

I just bought my first home, and Angela Payne helped me. I could not be happier all around with both the purchase, and the service that Angela provided me. Her attention to detail saved me in a few instances, and her timely, professional, and accurate handling of my purchase was just fantastic. I am over the moon with this commitment, and I don’t think I could have done it without Angela. I highly recommend her for your legal needs, and will use her again if/when the time comes.


Jennifer Williams
29 Oct 2024

wrapping up the family estate after the…

To wrap up the family estate after the death of my mother was a daunting prospect. Mostly because I live over 100 miles away. My parent’s wills were lodged with Eric Robinson. Sarah handled the sale of our family home. It is obvious that they have a good working relationship with the chosen estate agents. I was kept informed of proceedings and I was able to be involved more closely with the estate agents. Not once did I have to travel to Eric Robinsons, or spend hours sorting any issues. All was handled in a professional and confident manner. Sarah’s assistant Megan was always very helpful when I phoned for help. Nothing was too much trouble.


El
29 Oct 2024

Easy

A very straightforward and simple process with Terry, highly recommended.


Mr Nick Khaira
16 Oct 2024

Excellent service

Eric robinson solicitors were excellent. We used their services to complete our house purchase. All thanks to the amazing work done by Sajith Pillai, who made sure all searches were done in time. His attention to detail and work ethic is highly commendable. We are very happy with the whole process and would recommend them without any doubt. Thanks again Sajith!


Chandini Nair
04 Oct 2024

I had the pleasure of working with Chui-Wah

I had the pleasure of working with Chui-Wah for the conveyancing of both the sale of my home and the purchase of a new property, and I couldn’t be more pleased with the service she provided. From start to finish, Chui-Wah was incredibly efficient, professional, and displayed a high level of skill and expertise that gave me complete confidence throughout the entire process. She handled every detail with care, ensuring that everything progressed smoothly and on time. Her communication was excellent, keeping me informed every step of the way, and her ability to navigate any challenges with ease was truly impressive. I am so grateful to have had Chui-Wah representing me, and I highly recommend her to anyone in need of a solicitor for a house sale and purchase. Making what can often be a stressful process feel seamless!


kevinh
01 Oct 2024

Thank you Angela

I would like to give a big thank you to Angela Payne for all her help with a difficult property sale. Angela had to deal with difficult solicitors and housing associations. Angela was very helpful and professional while being very approachable. Would recommend her and Eric Robinsons.


Richard Walters
View all reviews

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