The first 15 minutes of our advice is completely free. Whatever the issue, we will get the basic facts and advise you as to the best way forward.
Let’s Get Started
Most of our service start with a full interview to offer advice, agree funding, and plan a way forward at a cost of £150 + VAT.
Eviction of Residential Tenants (Possession Proceedings)
Full Interview and advice on the best way forward (£150 + VAT)
We will interview you in full and review the lease and the circumstances and advise you accordingly.
Full Review & Diagnostic Check (£195 + VAT)
We would recommend that you allow us to carry out a full diagnostic check to make sure that all the technicalities have been complied with, such as:
- Correct management of deposits
- Gas safety compliance
- Service of notice on change of Landlord address
- Change of Landlord
- Compliance with HMO regulations
If you ask us to take any of the following steps without undergoing a full diagnostic check and there is any defect in your paperwork then you may find that the court will adjourn the proceedings, or may find against you, or they may even order you to pay a large sum in costs.
If you invite us to take over your case after you have served the notices yourself, we would still recommend that you allow us to carry out a full diagnostic check to ensure that your time and money won’t be wasted.
Serve Section 8 and/or Section 21 Notice
We draft and serve the notice and perform the whole process on your behalf. (£195 + VAT)
If we serve a s.8 notice for reasons other than rent arrears additional fees may apply.
For service of both s.21 notice and section 8 notice (arrears only). (£275 plus vat)
Issue Accelerated Section 21 Proceedings (£395 + VAT, plus disbursements)
We will draft all the necessary paperwork, issue possession proceedings in the County Court and ask the court to complete service on the tenants, provided that the process goes through on a routine standard basis without the need to attend a court hearing.
If a defence or counterclaim is received, you will need to pay us extra if you want us to contest the Defence or counterclaim on your behalf.
Also, if the matter goes to a hearing or is subject to adjournment or unexpected issues arise then additional charges will be payable.
Issue possession proceedings (section 21 with claim for arrears; or section 8 proceedings) (£695 + VAT, plus disbursements)
We will draft and issue court proceedings and manage the whole process for you. However, advocacy fees will be extra if the matter reaches a hearing, or more than one hearing.
If the tenant files a defence or counterclaim, and you wish us to contest the Defence or counterclaim on your behalf, then we will need to agree an additional fee with you.
Application for a warrant of possession (£150 + VAT, plus disbursements)
We will arrange for the court bailiff to secure possession of the property for you.
Examples of Additional Tasks & Fees
Full review & Diagnostic Check – If you ask us to become involved during court proceedings or after service of the notices, we would always recommend that you allow us to complete a full review and diagnostic check to ensure that you will not encounter problems due to failure to comply with procedure or a rule or regulation. (£195 + VAT)
Section-48 Notice – If the landlord address changed or was not stated in the tenancy or any documentation to the tenant then a section-48 notice must be served before notice can be served. (£90 + VAT)
Section-3 Notice – If property was bought by a new landlord and is occupied by a tenant who wasn’t notified correctly, a section-3 notice and letter must be served before a section-8 notice can be served. (£90 + VAT)
Both Section-48 and Section-3 Notice. (£150 + VAT)
Guarantor’s agreement – If there is a guarantor agreement and we need to establish that it is enforceable. (£110 + VAT)
Statement of Service – If you served your own notice and we need to prepare a statement of service for you to sign. (£75 + VAT)
Witness Statement (Starting at £300 + VAT, but will depend on the length/complexity of the statement) – A witness statement is likely to be needed in the following circumstances:
- The tenancy agreement was changed orally, or by service of a document
- The tenancy agreement is missing
- The Landlord can’t make the hearing
- More than two years arrears are being claimed
- Where In s.8 proceedings Landlord is pursuing grounds other than rent arrears
- Where we need to make things right due to defects in paperwork
- Where we need to excuse your non-attendance at court
Preparing a Schedule of Arrears. (£100 + VAT)
Process server witness attendance at court. (£480 + VAT)
Landlord requires us to check compliance with Deposit Scheme. (£160 + VAT)
Advocacy – For attending preliminary applications, or the possession hearing, or any application to stay or suspend the warrant or any adjourned hearing. The following prices are estimates and actual prices may depend on the availability of the advocate in your area and their specific fees.
Hearing listed for up to 30 mins:
- £150 plus vat (legal clerk)
- £250 – £350 plus vat (solicitor / barrister / Chartered exec)
Hearing Listed for over 30 mins and up to 2 hours:
- £275 plus vat (legal clerk)
- £350 – £450 plus vat (solicitor / barrister / chartered exec)
Hearings listed for over 2 hours will require a specific quote.
Recovery of Costs from the Tenant
In theory you may be entitled to recover your legal costs from a defaulting tenant. But in cases where the tenant has not filed a counterclaim or defence, the court is likely to order fixed costs only, which may be a lot less than the costs you have paid. Many judges will not order the tenant to pay costs at all.
However, if the tenant puts in a defence or counterclaim which the court does not accept, you may be able to get an order for your full costs to be assessed. But this is much more likely if you have instructed a solicitor to do the work. We are aware of all the rules and regulations which will allow you to recover your costs and we will work hard to ensure that you get an order for full reasonable costs to be assessed wherever possible. This is unlikely to happen if you conduct the proceedings in person.
You may find yourself on the wrong end of a claim brought against you by your tenant. We specialise in defending Landlords against the following claims:
- Unlawful Eviction
- Housing Disrepair
- Fitness for Human Habitation
- Personal injury
- Failure to register or return a deposit
If you’re being sued by a tenant for any of the above, this could result in you having to pay damages and legal costs and could seriously harm your reputation.
We can provide:
- An initial review of the letter of claim and the lease and discussion of the best way forward (£150 + VAT)
- Detailed letter of response (£250 + VAT)
We can then quote you for the best approach as to contesting or settling the claim. However, if you instruct us after court proceedings have been issued we will give you a specific quote.
Recovering your legal Costs and / or arrears and damages from the tenant
You may think that there is little hope of recovering your costs from the tenant, however many tenants who bring such claims do so with the backing of Legal Expenses Insurance, or they may have the resources to pay your costs from their own resources or wages. So if you successfully defend the claim it is entirely possibly that you could recover all of your legal costs in some cases but, of course, the likelihood of recovering your costs would depend on the circumstances of the tenant in each case.
Also, if the tenant is in arrears or has caused damage or loss at the property or is in breach of the terms of the lease for some other reason, your damages or arrears of rent can be set off against the amount the tenant is claiming if your defence is handled properly and these amounts are properly counter-claimed or set-off.
All our prices are guideline prices only, based on the normal and expected amount of work and an average amount of documentation. If required we will try to provide a specific quote prior to commencing work. But we reserve the right to charge extra if the work we are asked to do work over and above that which was expected or agreed. Things such as an excessive number of calls or emails to the office or a lot of documentation to review will increase the price.
Remember that we may have to charge extra for Disbursements such as court fees, process servers, Land registry fees, etc. but you will be notified of any significant disbursements.
Travelling expenses may be charged if we aren’t able to use an advocate within 15 miles of the court and an attendance is required. We will try to cover all appointments from staff from our own office where the appointment is reasonably local. However sometimes we will use an advocate from our trusted network of law clerks and barristers where our own staff are not available or the distance is too great. However, many clients prefer that our own staff attend the hearing even where it is a considerable distance, and in order to provide a quality service to our clients we will do this where available by providing a specific quote based on 50p per mile, parking and hotel costs if the appointment is more than 2 hours travel from our office.