Upon expiry of a valid notice, if your tenants have not left the property and/or remain in rent arrears you will usually be able to commence with a court application. The type of application will depend on the circumstances of the claim and your overriding priority as a landlord. In consultation with our partner legal firm the recommended option will be communicated to you. The most important thing is not to panic. You’ll have a great team to guide you through this process and keep everything in check.
Whether its decided that you proceed on the basis of a no-fault notice (a Section 21 case is generally dealt with on paper by the Court) or with a fault-based notice (Section 8 Notice such as rent arrears), this will be dealt with by an advocate appearing before a Judge to obtain a Possession Order. We break down the process into two stages to check that everything is in order before applying to the court for a Possession Order.
We ask you about the tenancy and any action taken to date. We’ll need copies of your tenancy agreement, prescribed documents (don’t worry, we will explain), rent account, notices served and deposit information.
Once we have everything we need and the relevant contact details for all parties we will refer the case for review by our partner legal firm. At this stage a payment of £240 (£200 + vat) will be due and payable directly to the legal firm. A lawyer will check the documents and facts surrounding case. Risks will be identified, and options reviewed. A statement of advice will be provided to you, the landlord, as necessary, so that you can make an informed decision on how to move forward. During this process our team at The Landlord Engine will liaise with the lawyers to ensure you are fully informed and kept up to date. We’ll regularly pass on information on the lawyers’ behalf and aim to answer any questions you may have.
If all is in order and you wish to proceed with issuing a claim for possession, you’ll be required to make a payment of £685* (including vat and court fees) to the legal firm directly. The lawyer will apply to court, liaise with the court and, for Section 8 Notices, will represent you at court in order to secure an Order for Possession and money order for rent or costs due, if applicable. During this process our team at The Landlord Engine will liaise with the lawyers to ensure you are fully informed and kept up to date. We’ll regularly pass on information on the lawyers’ behalf and aim to answer any questions you may have.
*should the proceedings be defended, or an issue arise that was not anticipated at the review stage, this may fall outside of the fees quoted above, but you will receive advice from the lawyer if this situation arises.
Once the Order for Possession date arrives, we will contact you to find out if your tenants have provided you with possession of the property and/or any money you are due. Where this is not the case, we will discuss the further options available to you. In the case of bailiffs being required, this can be promptly instructed by the lawyers, but would incur further costs.
And that’s it! We know that dealing with recovering possession can be a very stressful time, but with our straight forward approach and packages we really can take away some of the challenges.
To take advantage of this service please call us on 0333 320 2207 or complete the contact form below.