Residential Property Possession Service
What is a Residential Property Possession Proceeding?
If you are a landlord seeking to regain possession of your property, you might need to initiate a Residential Property Possession Proceeding. Our litigation team can provide expert guidance and support all along the way.
The first step is serving a notice of possession. There are two types of them:
- a fault notice, also referred to as Section 8 notice that stem from breaches of tenancy agreements;
- a no-fault notice, also referred to as Section 21 notice that can be served to regain possession without stating any specific reason.
Our solicitors can advise on the legal procedure involved in each scenario.
Service of Notices under S21 or S8 of The Housing Act 1988
You can contact our team to help you with the process of recovering possession of residential property.
Our litigators provide the service of notices under S21 or S8 of the Housing Act 1988 at a fixed fee of £350 plus VAT. There are a few considerations to bear in mind in relation to the above fee:
- If you are advised to serve more than one notice, for example a S21 or a S8 notice, the second one will be charged at £95.00.
- It is assumed that the S8 notice will be “rent” ground notice i.e. where you or your landlord is relying on Grounds 8, 10 and 11. If a more complex notice is required, for example where full details of behaviour are required in a conduct causing nuisance or annoyance, then a separate fee will be agreed with you.
- If we are asked to check a S8 or a S21 notice drafted by you, we will charge you at the standard fixed fee rate provided that we are not required to make substantial amendments in which case you will be charged at hourly rates.
How Can We Help with the S21 Process?
In S21 Process and Accelerated Possession Proceedings where no hearing is required our experts can:
- Provide appropriate advice upon any response received to the Notice and/or next steps to be taken.
- Issue Court Proceedings (there will be a court fee of £355.00*) payable at this stage.
- Receive confirmation of service back from Court and advise client of relevant timescales.
- File request for Possession Order.
N.B. The fee estimate covers undefended possession claims. If the tenant files a substantive defence to the possession claim the Court may list the claim for a hearing and an advocate will be instructed to attend the hearing whose current fee is £150 plus VAT.
If matters prove more complicated, for example if more than one hearing is required, a new cost estimate will be provided to you on the basis of charges at our hourly rates.
Fixed Fee (excludes court fee and advocate fee): £850 + VAT
Hourly rate charges: £800 – £1,000 + VAT
(It is our best assessment based on the expectation that any transaction proceeds in a straightforward manner on the hourly rate basis. We do not however place a cap on the number of hours and if matters prove more complicated the fee will increase beyond this estimate.)
How Can We Help with the S8 Process?
In S8 Process and other Standard possession proceedings our experts can:
- Issue Court Proceedings (there will be a court fee of £355.00*) payable at this stage.
- Receive date of hearing back from Court and advise you of relevant timescales.
- Prepare witness statement (one statement only).
- Attend/arrange representation at Possession Hearing (first hearing). Please note we will instruct an advocate to attend the hearing at the current cost of £150 plus VAT.
- Advising you of outcome.
N.B. In the event that the tenant files a defence to the possession claim which necessitates preparation of additional statement(s) or in the event that more than one hearing is required or if matters prove complicated, a new cost estimate will be provided to you on the basis of charges at our hourly rates.
Fixed Fee (excludes court fee and advocate fee): £1,400 + VAT
Hourly rate charges: £1,300 – £1,800 + VAT
(It is our best assessment based on the expectation that any transaction proceeds in a straightforward manner on the hourly rate basis. We do not however place a cap on the number of hours and if matters prove more complicated the fee will increase beyond this estimate.)
How Can We Help with the Enforcement?
Once possession order is obtained our experts can assist with the following:
- Serve a copy of the Possession Order on the tenant;
- If the tenant remains at the property after the date stipulated in the Possession Order, advising you on enforceable options available.
- Instructing Bailiffs to attend at the property to obtain possession.
- Once a date for eviction is set, notifying you and advising you as to necessary steps on the day (there is a court fee of £130.00* at this time).
If any of these key assumptions are incorrect or change over time, we will advise you and either provide you with a revised scope of work, revised timetable and revised fee estimate or in the absence of such revisions will revert to charging by the time recorded against the matter (details of which will be provided on request).
Fee (excludes court fee): £350 plus VAT
Hourly rates: These are only relevant when we are charging you by reference to the amount of time we have spent on your file. Our current charge our rates will be provided on each new instruction.
How Do We Charge Other Advice and Services?
Other work that is outside the scope of the work set out above will be charged at our standard hourly rates, unless otherwise agreed with you.
What Assumptions Underlie the Scope of Work and Fees Outlined Above?
It is important for you to appreciate that the information provided above is based on a number of assumptions, including:
- You have provided us (or will speedily provide us) with all the documents in your possession relevant to the case.
- That you will engage fully in the provision of instructions and information and that with your assistance we are able to identify speedily all the documentary evidence.
- There are no factual or other matters which may impact on our advice but which you have not brought to our attention.
- There is no need to enter into protracted correspondence or telephone calls with you, the Defendant or another third party.
- There are no technical or other impediments to obtaining the possession order.
- There are no counterclaims made by the tenant.
- You will provide us with funds, when requested, to discharge costs and disbursements.
- We do not use Alternative Dispute Resolution.
- We do not need to have a conference with counsel.
- There are no material changes to the law.
- There is no time limitation issue.
If any of these key assumptions are incorrect or change over time, we will need to provide you with a revised scope of work, revised timetable and revised fee estimate.
What Are the Exclusions from the Scope of Work Outlined Above?
It is important that we agree on our role and what we are and are not going to do.
To help avoid misunderstanding, we bring to your attention the fact that the following advice and other matters are excluded from the agreed scope of work set out above:
- Any third-party fees incurred (such as Land Registry, Companies House or local authority search fees).
- Whether the Defendant has the financial means to meet any claim for costs.
- Anything falling within the remit of an expert witness.
- Anything else not specifically covered in the “Work Summary”.
- When necessary, we will, in consultation with you, obtain such additional advice as is required from appropriately qualified third parties and/or agree with you our fees for carrying out such work.
If these, or any other requirements arise, we will provide you with a revised scope of work, revised timetable and revised pricing.
Court and Other Fees
Court Fees*
The fees are currently set at £355 on the issue of possession proceedings and £130 payable on filing request for Warrant of Possession.
Advocate Fees*
The fees for attending a possession hearing (listed for 10 minutes) is currently £150 plus VAT payable prior to the advocate being instructed.
Quotes for advocate/barrister fees for full trials or other hearings will be provided, if necessary.
Other fees may be payable by you for example if a tracing agent is instructed.
Let Us Know If You Have Questions
Your involvement in this process is critical and we encourage you to take an active part in it. If any of the information set out above is not clear or you think it is incorrect, please be sure to raise this or any other questions or concerns you have with us immediately.
