Evicting Tenants from Residential Property

Russell and Co are here to help when eviction is the last resort.  Our Dispute Resolution Department is able to provide comprehensive advice for residential landlords in all aspects of evicting tenants.  We like to offer fixed fees wherever possible so you know exactly how much each step of the eviction process will cost you.

We offer a free no obligation initial consultation whereby we can advise you of the best route for success in the eviction process.  To arrange a consultation please call us on 01684 892000 or email [email protected].

Possession Proceedings – Evicting a Residential Tenant After Expiry of the Fixed Term

The obligations and requirements for landlords regularly changes however, at present, landlords must provide the following document to a tenant;

  1.  A copy of the Governments “How to rent” checklist
  2.  An EPC (Energy Performance Certificate)
  3.  Details of the Deposit Protection Scheme
  4.  Gas Safety Certificate
  5.  Relevant contact details.

Should any of the above requirements not be met before you let a property to a tenant could delay and affect the method by which you may seek possession.  If you are not sure whether you have provided the necessary documents and information to your tenant, our team can review this and advise on what action you should take before you are able to serve a valid notice seeking possession for a fixed fee of £500 plus VAT.

Once the documentation has been reviewed by our team, and you are in a position to serve notice seeking possession, our team are able to offer fixed fees to enable you to prepare and budget for each stage of the possession process.

Stage 1: Preparation of Section 8 and/or Section 21 Notice(s) – £750.00 plus VAT

We will draft and provide the relevant Notice(s) for service in the correct court in accordance with the current laws and regulations.  We will keep you updated throughout the eviction process.  We can serve the Notice(s) on your behalf should you require us to do so.  Service of documents using a Process Server (if necessary) will incur additional costs.

Stage 2: Section 21 Court Proceedings – £1,000 plus VAT plus Court Fee and Disbursements

If instructed by you, we can submit your claim for possession with the court, keeping you updated at every stage.  Normally, proceedings will then be served on the tenant and a review hearing will take place.  A final hearing will then follow.  Provided matters progress smoothly, the final hearing will be in the region of 30 minutes in length.  Parties and usually required to attend with an advocate.  Assuming possession is secured, the court will provide an Order of Possession for you to then serve of the tenant and seek to enforce if necessary.

The above is based on there being no Defence or Counterclaim submitted by the tenant.  Should a Defence or Counterclaim be received, we will provide you with a detailed cost estimate for progressing your matter forward.

Issue Section 21 Claim (with claim for rent arrears) or Section 8 Proceedings – £1,470 plus VAT (plus court fee and disbursements)

If instructed to proceed on your behalf to obtain possession and rent arrears, we will draft and issue the necessary court documents, liaise with the court and keep you updated of deadlines to be adhered to.  This fee is inclusive of all costs up to and including any preparation works for the first hearing.  (The advocates fee for the hearing will be in addition to our costs.)  These estimated costs do not include any work in respect of a Counterclaim, the preparation of any Witness Statements or enforcement action after the proceedings.

Should the first hearing be adjourned for reasons out of our control, or if the proceedings continue beyond a first hearing (in the case that a Defence or Counterclaim is submitted by the tenant), we shall provide you with precise costs estimates going forward to cover the next steps in your case.

Stage 3:  Enforcement – £500.00 plus VAT plus Court Fees and Disbursements

We will instruct High Court Enforcement Officers to secure possession of the property for you.  The fee for this can be in the region of £700.00 plus VAT.  The third-party enforcers will prepare and issue the application of a Writ of Control.  Once a date for the Writ to be executed has been set, you will be asked to arrange for a locksmith to attend the property to change the locks once possession of the property has been secured by the bailiff in attendance.

*Any disbursements will be agreed with you in advance of them being incurred (these are usually for representation at hearings, enforcement fees and any barrister involvement should that prove necessary).

Contact Ruth Godfrey directly on [email protected]