Section 21 Notices
Since February 1997 the majority of tenancies will be Assured Shorthold Tenancies (ASTs).
Since February 1997 the majority of tenancies will be Assured Shorthold Tenancies (ASTs).
There are two main types of notice which may be used to gain possession of an AST let property and these are as follows:
• Section 21 Notice (a no fault notice)
Get in touch or make a claim by phoning: 0121 368 2885 or by filling out the form below:
STEP 1
SERVING OF LEGAL NOTICES- The legal notice is drafted and sent to your tenant, instructing them to vacate the property or pay all outstanding rent. We will also deal with any correspondence received from the tenant at this stage.
STEP 2
OBTAINING A COURT ORDER- If the tenant fails to comply with the eviction notice then we will prepare, and assist you with, your claim for possession in order to obtain a court order. Where arrears are involved, we will also seek a County Court Judgement against your tenant for non-payment of rent.
STEP 3
INSTRUCTION OF COURT BAILIFFS- This step is taken where the tenant fails to vacate the property even after the court order is granted. We will submit instructions to either High Court or County Court bailiffs to physically evict the tenants from your property.
1. To Prepare and Serve Schedule of Rent Arrears
£100.00
2. To Prepare and Serve a Section 8 Notice
£80.00
3. To prepare Claim Form and Particulars of Claim
The cost to prepare the Claim form with particulars of the Claim to issue at Court would be as follows:
Our Fee for Clam Form:
£325.00
Court fee:
£325.00
(s8 – Rent Arrears Proceedings)
Total:
£650.00
4. To Prepare Statement in Support of Possession and to attend Court for First Hearing only (additional charges apply if the matter goes beyond this)
£445.00 for first hearing only
If the tenants do not leave after this then we will have to prepare some further paperwork and go to Court for a hearing.
The additional cost for this preparation and attendance at Court is set out above at £420.00.
PLEASE NOTE: Further hearings may apply if the Court directs a further hearing. In the majority of cases this does not happen, but due to lack of Court time and other factors the matter may not be heard and completed at the first hearing. We will advise of the further costs if this applies.
5. Applying for A Warrant for Possession – Instructing Baliff Attendance at the Address
Bailff fee payable to Court:
£121.00
Our fee for application:
£80.00
Total:
£201.00
PLEASE NOTE: That the above quotation only relates to the work that has been specified and is set out in stages which represent the typical work required to obtain an order for possession and rent arrears in respect of residential property. It may be the case that further work is required in which case the costs of the proceedings and the action will vary, including the addition of Court fee’s and other disbursements.
If the above quotation is acceptable please confirm your instructions by return mail together with a payment for the fees to be incurred.
Section 21 Notices
Unlike the Section 8 notice, the serving of a Section 21 notice requires no breach of the tenancy agreement by the tenant.
When the notice period expires court proceedings may be issued to gain possession.
In the past there were two options for this notice depending on whether the tenancy was fixed term or of a rolling/ periodic nature Since October 2015 there has only been one type of Section 21 notice and there is a very strict format which must be followed.
A valid Section 21 relies upon there having been:
• An appropriately protected tenancy deposit scheme in place
• Sufficient information provided to the tenant on the deposit arrangements (usually referred to as ‘prescribed information’)
• A valid Energy Performance Certificate for the property, provided to the tenant at no charge to them
• An up to date Gas Safety Certificate for the property
• Provision of a copy of the government Issued booklet ‘How to rent: The checklist for renting in England’
• A check that the notice has not been served within the first 4 months of tenancy (landlords are not entitled to serve notices within this initial period)
• An appropriate license for the letting of the property (where required by the relevant local authority)
• No evidence of the landlord being prevented from carrying our retaliatory or revenge eviction
• The required number of smoke alarms/ carbon monoxide monitors within the property (for all tenancies) and the recommended schedule of testing and checking of these prior to the commencement of tenancy (for tenancies starting after October 2015).
Details of the process and also the costs for acting for your in respect of a claim for possession of residential property on the basis of Notice proceedings (S21 Accelerated Possession Proceedings).
Get in touch or make a claim by phoning: 0845 838 7089
1
To Prepare and Serve Pre- Notice Information
£100.00
2
To Prepare and Serve a Section 21 Housing Act Notice
£80.00
3
To Prepare Claim Form and Particulars of Claim
The cost to prepare the Claim form with particulars of the Claim to issue at Court would be as follows:
Our Fee for Claim form:
£325.00
Court fee:
£355.00
(s21 – Notice Proceedings)
Total:
£680.00
4
To Prepare Statement in Support of Possession and to attend Court for First Hearing only
(additional charges apply if the matter goes beyond this)
£445.00 for first hearing only
If the tenants do not leave after this then we will have to prepare some further paperwork and go to Court for a hearing.
The additional cost for this preparation and attendance at Court is set out above at £420.00.
PLEASE NOTE: Further hearings may apply if the Court directs a further hearing. In the majority of cases this does not happen, but due to lack of Court time and other factors the matter may not be heard and completed at the first hearing. We will advise of the further costs if this applies.
5
Applying for A Warrant for Possession
Instructing Baliff Attendance at the AddressBailff fee payable to Court:
£121.00
Our fee for application:
£80.00
Total:
£201.00
PLEASE NOTE: That the above quotation only relates to the work that has been specified and is set out in stages which represent the typical work required to obtain an order for possession and rent arrears in respect of residential property. It may be the case that further work is required in which case the costs of the proceedings and the action will vary, including the addition of Court fee’s and other disbursements.
If the above quotation is acceptable please confirm your instructions by return mail together with a payment for the fees to be incurred.
Please note: These prices are just an estimate, get in touch with us to discuss your requirements in further detail.
Why should I choose BRM Legal?
At BRM we make sure that we consider everything you may be going through. Our compassionate team will offer you valuable, personalised support as well as fighting hard for the compensation you deserve.
Reasons for Tenant Eviction
Our team have a huge amount of experience in the field of Tenant Eviction and – whilst no two situations are ever the same – we have most probably already been involved in a case similar to your own.
We know that Tenant Eviction is not something which anyone enters into lightly and our professionalism ensures that we fight your case armed with knowledge and facts.
Focussed On Your Needs
What should I do now?
Contact us today. Our friendly, approachable team will listen to your story and will talk you through your options in an entirely free consultation.
You can then choose to proceed however you wish, there’s no cost to you and no pressure from us.
If you need our services or simply need help & advice, call us now on:
0121 368 2885
