Personal Debt Recovery Solicitors
Disputes over money are an unwelcome part of life
Distracting, at best; draining, at worst.
Debt recovery FAQs
Fixed fee price list for undefended claims
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.
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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See what our customers say…
Sylvia Garcia was lovely and always…
Sylvia Garcia was lovely and always available to help with a tricky conveyancing issue.
Sylvia Garcia, great job.
Sylvia Garcia batted for us in what proved to be a much more complex purchase than we had anticipated and we were very glad she was there in our corner. A charming person to deal with and her services were great value for money.
Saranya Arun
Sajith from Eric robinson solicitors handled our case with the utmost professionalism and care. We are thankful for his exceptional legal service throughout the journey of purchase. I highly recommend.
Very good experience, highly recommend Sajith
Sajith Pillai was very helpful and kept track of all proceedings very diligently. He was proactive in communicating challenges and potential risks which helped us plan ahead with confidence. We had really tight timelines and complexities which was dealt with professionally. Thank you to Sajith and Eric Robison group for all the support to get our home ready in time.
Sajith Pillai from Eric Robinson…
Sajith Pillai from Eric Robinson Solicitors provided an exceptional service from the beginning till the end of the whole transaction. Even though there were some unforeseen delays from sellers side, Sajith always kept me updated about the progress and was chased through relevant parties for quick closure. Also Sajith was always available for a call to clarify any doubts/questions. Thank you Sajith & Team.
5 star firm Emma Gillespie
Very good firm. Emma Gillespie was very professional and got my sell and purchase competed in good time. Thanks again
Sylvia Garcia was lovely and always…
Sylvia Garcia was lovely and always available to help with a tricky conveyancing issue.
Sylvia Garcia, great job.
Sylvia Garcia batted for us in what proved to be a much more complex purchase than we had anticipated and we were very glad she was there in our corner. A charming person to deal with and her services were great value for money.
Saranya Arun
Sajith from Eric robinson solicitors handled our case with the utmost professionalism and care. We are thankful for his exceptional legal service throughout the journey of purchase. I highly recommend.
Very good experience, highly recommend Sajith
Sajith Pillai was very helpful and kept track of all proceedings very diligently. He was proactive in communicating challenges and potential risks which helped us plan ahead with confidence. We had really tight timelines and complexities which was dealt with professionally. Thank you to Sajith and Eric Robison group for all the support to get our home ready in time.
Sajith Pillai from Eric Robinson…
Sajith Pillai from Eric Robinson Solicitors provided an exceptional service from the beginning till the end of the whole transaction. Even though there were some unforeseen delays from sellers side, Sajith always kept me updated about the progress and was chased through relevant parties for quick closure. Also Sajith was always available for a call to clarify any doubts/questions. Thank you Sajith & Team.
5 star firm Emma Gillespie
Very good firm. Emma Gillespie was very professional and got my sell and purchase competed in good time. Thanks again
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