| Residential Landlords |
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We can offer advice and provide a tenancy agreement if required when setting up an assured shorthold tenancy. Please bear in mind though that any deposit since the 6th April 2007 must be protected under the Tenancy Deposit Scheme. Most possession claims are in relation to assured shorthold tenancies.
We do, however, have considerable experience in relation to assured tenancies and tenancies under the 1977 Rent Act. We also have considerable experience in relation to evicting squatters. If the matter is to proceed on the basis of arrears of rent there are potentially three steps to be taken :- Step 1 – We would prepare and serve the Notice Seeking Possession setting out details of the arrears. The tenant then would have 14 days to pay those arrears. The cost of preparing and serving that notice is £87.50 plus VAT. Step 2 – If the arrears are not paid we would issue the proceedings. A court hearing date is set and we prepare all the necessary paperwork. We would attend on the hearing to conduct the hearing before the Judge to obtain the possession order and money judgment in respect of the arrears. Our costs for that are generally around £560.00 plus VAT. We issue possession claims on line on the grounds of arrears of rent and there is a reduced court fee that is paid currently of £100.00. Hearings are generally between six to eight weeks after issue. Step 3 – Once the possession order takes effect if the tenant does not vacate it is necessary for the County Court Bailiff to take possession. We would carry out the necessary arrangements to instruct the Bailiff. There will be further costs of £87.50 plus VAT in addition to a court fee which currently is £95.00. In relation to Notice Requiring Possession under Section 21 of the Housing Act 1988 there are potentially three stages :- Stage One – Preparing and serving a Notice Requiring Possession giving the tenant two months notice. This is the one notice that is frequently prepared wrongly by others. Our fee is currently £87.50 plus VAT. Stage Two – If the tenant does not vacate we prepare the proceedings and deal with any relevant correspondence, advice, etc. with you. Our fees for that is £125.00 plus VAT. The court fee is currently £150.00. The court would generally deal with these possession proceedings without a hearing. Stage Three – If the tenant does not vacate under the order for possession then we would instruct the Bailiff accordingly. Our fees are currently £87.50 plus VAT in addition to the Court fee which is currently £95.00. On occasions there are hearings either because the tenant makes some query in respect of the proceedings or the tenant alleges exceptional hardship and seeks a longer period for the possession order. There will be additional costs for attending on any hearing. Keith White (01474 546004) and Giles Dobson (01474 546003) at our Gravesend Office have a number of years experience in dealing with possession proceedings. Possession proceedings are conducted not only locally but also throughout Kent and in some London Courts. |