Residential Property Possessions/Rent Recovery
There are many reasons why you may want to evict a tenant. These can include a failure to pay rent, damaging the property, causing nuisance or breaching any other aspects of the tenacy agreement.
When evicting a tenant there are several legal areas t consider for landlords – including the possibility of a problem tenants trying their own legal defence. Property evictions are seldom desireable and rpove very stressful, especcially when it begins to impact on your life and income. If your tenants are not paying rent, are danmaguing your property or are not adhering to terms and conditions you can combat this through section 8, section 21 and other aspects of Landlord Tenant Act.
Hovever , issuing a notice is not as simple as it may appear. The mere ommission of a word or date can result in your application being rejected and substantial costs awarded against you, the landlord in favour of the tenant. The process would also have to begin again.
We have over 15 years experience in the field and our in-house legal representative is frequently asked to advise solicitors on amtters pertaining to both domestic and commerical rent recovery. It is our job to guide you safely through the legal minefield and afford you the best apportunity of recovering arrears and returning possession of your property ato you at the earliest opportunity.
Notice of Intent Fixed Fee – £20
This is not madatory in law but has considerable success with very little financial outlay. We are able to draft and serve a preventative Notice of Intent to tenants once tehy are 1 Month (4 weeks) in arrears.
This serves as a final warning to the tenant that as soon as they are in arrears for 2 Months (8 weeks) that legal notice will be served.
This also gives your tenant ample time to rectify any rent arrears. Once a notice of intent has been served it is up to your tenant to pay the outstanding amount before the debt increases further. If your tenant fails to do so you would proceed to the next step – Notice Seeking Possession.
Notice Seeking Possession Fixed Fee – £80
The above fee includes the drafting and serving of all notices
If your tenant is 2 months or more in arrears or otherwise in breach of their tenancy agreement we can serve them notice and start the legal reclaim process.
Chasing of Unpaid Monies & Eviction
Proserve can deal with this for you and take away the stress of eviction and chasing unpaid monies with three easy steps where you:
- Provide us with a copy of tenancy agreement and details of arrears
- Provide us with evidence that any deposit taken has been protected in the relevant government scheme.
- Allow us to serve the relevant and correct notice on your tenant. Where applicable this will include a claim for any monies owed.
In many cases this will be the only action required to correct the issue you have with your tenant.
Obtaining a Possession Order From – £550
If you need to evict your tenant we can arrange, organise and implement the eviction notice and possession order for you.
The Process is as follows:
- Obtain a possession Order. We complete the 4 sets of legal documents to include the initial application; witness statements; arrears schedules and certificate of service.
1. Preperation – £200
2. Court Fee – £355
2. A Court date is set for the hearing (typically 6-10 weeks following instruction).
3. If required, our advocate will attend court on your behalf and obtain the court order. If an advocate is required to be in attendance the cost would be £320 (this is optional and there is no reason why a landlord cannot attend in person)
4. Once the court order for eviction is made your tenant has a minimum of 14 days to vacate the property and pay arrears. The court have discretionary powers to grant possession in 21, 28 or 42 days depending on hardship circumstances.
The vast majority of tenants vacate or settle arrears at this stage. There are however exceptions and some tenants do not adhere to the law. Should you find yourself in this position we can proceed to Remove My Tenant.