We know that being a Landlord can be stressful, trying to meet legal obligations, keep tenants happy and to have some profit at the end of the year. We also know that one of the major headaches is when a tenant either will not leave or is not paying their rent; when this happens you need to turn to a team who can deliver a fast and effective service for the removal of your tenant.
At Burtons we are dedicated to providing a quality service and our team is led by a solicitor with over 30 years’ experience; backed by the rest of our experienced team we are confident we can provide you with the help, assistance and professional service you require.
Section 21
When you want your property back, there may be several reasons. Firstly, you may simply want it back to sell, to move into, to move a relative into or simply to undertake some works to the property; this is usually achieved with a non-fault process known as Section 21 (S.21) proceedings. With these proceedings, providing your paperwork is correct, the Court has to give you the property back; if your paperwork is wrong however, you may be required to commence the procedure from the beginning again and you could potentially lose several months of time.
Section 8
Secondly you may have rent arrears, or your tenant may be difficult, rude and causing problems for other tenants or neighbours. Under these circumstances you can still remove under the S.21 proceedings, but any outstanding rent cannot be claimed, you may therefore instead choose to pursue a fault-based process known as Section 8 (S.8). This process allows for the removal of bad tenants for not paying rent and being difficult. You must have your paperwork in order to ensure that you do not have to start the process from the beginning again.
Negotiations
On occasion it is also possible to negotiate a compromise with the tenant, often this results in a write off of rent or a payment to the tenant, but it can be a quick way of getting your property back; in the event that you choose to take this route, Burtons can assist you with preparing the appropriate Deed of Surrender or a Settlement Deed to ensure there is a formal legal document of the compromise to protect your position.
Costs
We can carry out work on a fixed fee basis and we detail below our costs:
Section 21 (Accelerated Possession Proceedings) – Fixed Fee Summary
STAGE 1 - REVIEWING DOCUMENTS ANDCASE ANALYSIS
The first stage of the matter is to review all documents to determine which procedure will be applicable should proceedings be issued. The scope of work for this fixed fee stage of the matter is as follows: -
1. Taking your instructions;
2. Reviewing and considering all documents in connection with the tenancy agreement(s) and your position as a landlord; and
3. Advising you on your legal position and the appropriate procedure to be followed.
Fixed Fee: £350.00 plus VAT (£420).
STAGE 2 - SERVICE OF THE SECTION 21 NOTICE
The second stage of the matter is to serve the tenant(s) with a Section 21 Notice. The scope of work for this fixed fee stage of the matter is as follows:-
1. Taking your further instructions;
2. Drafting, agreeing and serving the Section 21 Notice on the tenant(s); and
3. Drafting a certificate of service.
Fixed Fee: £150.00 plus VAT(£180).
STAGE 3 - ISSUING PROCEEDINGS
The third stage of the matter is to draft and issue proceedings against the tenant(s). The scope of work for this fixed fee stage of the matter is limited to the following and is based on the accelerated possession procedure:-
1. Taking your further instructions;
2. Drafting, amending and finalising the Claim Form and Particulars of Claim;
3. Filing the finalised Claim Form and Particulars of Claim at the Court; and
4. Reporting to you with any Defence and/or Defence and Counterclaim.
Fixed Fee: £650.00 plus VAT (£780) plus a Court Fee of £404.00
STAGE 4 - FURTHER WORK
Should a Defence or Counterclaim be issued or any hearings listed, and you require our assistance in respect of the same, there will be additional charges based on a time spent basis at the case handler’s hourly rate; an estimate in respect of these fees will be provided in advance of being incurred. The scope of work includes but is not limited to:-
1. Drafting, agreeing and filing and serving of Witness Statements;
2. Instructing Counsel;
3. Communications with you, the Court or any third parties as required;
4. Preparing bundles for hearing(s)and filing of the same;
5. Drafting and finalising Statement of Costs for the hearing(s); and
6. Any other works required to conclude the matter.
Please note that if personal service is required at any stage then a Process Server will need to be instructed; this will incur an additional fee, usually in the region of £85-100 plus VAT (£102-120). In the event of this service being required the additional fee will be agreed with you in advance of being incurred.
Please note that this stage is not on a fixed fee basis. We will record our chargeable time against the works produced on the matter.
STAGE 5 - ENFORCEMENT OF APOSSESSION ORDER (INSTRUCTING BAILIFFS)
If the tenant(s) will not leave in response to a possession order, then it may be necessary to instruct bailiffs to attend the property to remove the tenant(s). If this becomes necessary then either you or your representative will need to be in attendance on the day of eviction; we can attend if required but will levy a charge for doing so based on the time spent. The scope of work includes but is not limited to:-
1. Taking your further instructions;
2. Drafting and finalising a Request for Warrant of Possession (bailiff appointment) and filing the same at the Court;
3. Drafting and agreeing a bailiff risk assessment and filing the same at the Court; and
4. Reporting to you in relation to the appointment scheduled by the Court.
Between £150.00 - £200.00 plus VAT (£180-240) plus a Court fee of £148.
Section 8 (Full Possession Proceedings) – Fixed Fee Summary
We confirm that we will pursue the first two stages of this matter on a fixed fee basis according to the following schedule.
STAGE 1 - SERVICE OF A SECTION 8NOTICE
The first stage of the matter is to serve the tenant(s) with a Section 8 Notice. The scope of work for this fixed fee stage of the matter is as follows:-
1. Taking your instructions;
2. Reviewing any documentation provided by you;
3. Drafting, agreeing and serving the Section 8 Notice on the tenant(s); and
4. Drafting a certificate of service.
Fixed Fee: £350.00 plus VAT (£420).
STAGE 2 - ISSUING PROCEEDINGS
The second stage of the matter is to draft and issue proceedings against the tenant(s). The scope of work for this fixed fee stage of the matter is limited to the following:-
1. Taking your further instructions;
2. Drafting, amending and finalising the Claim Form and Particulars of Claim;
3. Filing the finalised Claim Form and Particulars of Claim at the Court; and
4. Reporting to you with any Defence and/or Defence and Counterclaim.
Fixed Fee: £800.00 plus VAT (£960) plus a Court Fee of £404.00.
STAGE 3 - FURTHER WORK
Should a Defence or Counterclaim be issued or any hearings listed, and you require our assistance in respect of the same, there will be additional charges based on a time spent basis at the case handler’s hourly rate; an estimate in respect of these fees will be provided in advance of being incurred. The scope of work includes but is not limited to:-
1. Drafting, agreeing and filing and serving of Witness Statements;
2. Instructing Counsel;
3. Communications with you, the Court or any third parties as required;
4. Preparing bundles for hearing(s)and filing of the same;
5. Drafting and finalising Statement of Costs for the hearing(s); and
6. Any other works required to conclude the matter.
Please note that if personal service is required at any stage then a Process Server will need to be instructed; this will incur an additional fee, usually in the region of £85-100 plus VAT (£102-120). In the event of this service being required the additional fee will be agreed with you in advance of being incurred.
Please note that this stage is not on a fixed fee basis. We will record our chargeable time against the work produced on the matter.
STAGE 4 - ENFORCEMENT OF A POSSESSION ORDER (INSTRUCTING BAILIFFS)
If the tenant(s) will not leave in response to a possession order, then it may be necessary to instruct bailiffs to attend the property to remove the tenant(s). If this becomes necessary then either you or your representative will need to be in attendance on the day of eviction; we can attend if required but will levy a charge for doing so based on the time spent. The scope of work includes but is not limited to:-
1. Taking your further instructions;
2. Drafting and finalising a Request for Warrant of Possession (bailiff appointment) and filing the same at the Court;
3. Drafting and agreeing a bailiff risk assessment and filing the same at the Court; and
4. Reporting to you in relation to the appointment scheduled by the Court.
Between £150.00-£200.00 plus VAT (£180-240) plus a Court fee of £148.
Please note that this stage is not on a fixed fee basis. We will request a sum of monies on account from you and record our chargeable time against the work produced on the matter. We will provide you with invoices for work carried out and if necessary, will ask you to provide us with further monies on account to enable us to continue work on your behalf.
Whilst we endeavour to keep our website up to date, please be aware that VAT is subject to change and you should independently check the prevailing rate.
Would you like to know more?
For more information or assistance, please contact our team today. Our online contact form can be found here.
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