Tenant Eviction Solicitors

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.