Possession Claims

Possession Claims

At our law firm, we have a team of experienced solicitors who specialise in residential possession claims. We understand that disputes can arise between landlords and tenants regarding possession of residential properties, and we are here to help our clients navigate the legal process involved in these disputes.

Stage 1 – Consultation

Aticus’ experienced property litigation solicitors advise helped thousands of landlords quickly and successfully get their properties back from tenants.

With the diversity and quality of our previous work, we understand how important it is for landlords to get their properties returned to them in the most time and cost effective manner.

The sooner we can speak to you and get an understanding of your situation the sooner we can get started, ensuring a suitable and efficient outcome for you. With years of experience in evictions, rent and debt recovery, our expert team can sort your problems quickly and easily without escalating costs.

We will start off with a brief call followed by a free case review to identify what action to take.

Stage 2 – Notices

If you need to regain possession of your property, the legal processes can seem confusing – all the jargon, rules, notices, different courts and different applications. With this in mind, we have created a straight-forward and easy process for you to follow, with each step having a fixed-fee to help manage the costs.

There are currently two types of notice: -

• Section 8 Notice due to rent arrears, nuisance, breach of tenancy or other relevant grounds; and
• Section 21 Notice to end the tenancy agreement – this is often called a ‘no-fault’ notice.

Our all-inclusive fee for reviewing of tenancy agreement, title documentation and statement of arrears (if applicable) with the view of issuing notice is £250 plus VAT.

Stage 3 – Claim

If the tenant does not vacate the property following the expiry of the notice, then an application to court can be made for possession. The type of application made depends on the nature of the case. Our unrivalled knowledge, expertise and efficiency means we can offer our first class services at significantly reduced cost.

There are two types of application for possession: -

1. Standard Application

This is most suitable when the court is likely to need explanations – for example, if there are any issues with paperwork or the grounds for eviction are disputed. A tailored application will be made, and the court hearing will be attended by one of our specialist advocates.

Given our experience in these matters, we are able to reduce the standard hourly rates to a fixed-fee of £1,250 plus VAT.

2. Accelerated Application

Whilst this a much faster process, the accelerated application can only be used to recover possession of the property. It does not permit any other claim, such as for rent arrears. In most cases, this type of application does not require us to attend Court, so we are able to offer this service at the reduced rate of £1,000 plus VAT.

If the tenant does not leave the property as required by the possession order (or does not return the keys), the next step is to instruct a bailiff. This is Step 4.

Step 4 – Bailiffs

Landlords are often concerned about an eviction being enforced, but court-approved bailiffs are experienced and highly professional. They will ensure you regain possession.

County Court bailiffs are standard, but bailiffs appointed by the High Court can often achieve faster results. If you have been awarded High Court Transfer, acting quickly is key for the best outcome.

1. County Court Bailiff - £350 plus VAT.
2. High Court Bailiff - £1,000 plus VAT.

Step 5 – Tracing and Rent Recovery

Now you have your property back, but you may still be owed significant sums in arrears and legal fees. We offer a bespoke tracing service to locate those tenants who have “disappeared”, get the courts to issue judgements and apply for orders which recover your money from your former tenant’s current earnings. Our tracing services work on a no trace-no fee basis, with a 95% success rate in locating tenants and guarantors to seek repayment of what is rightfully yours.

The fixed cost of our tracing service is £150 plus VAT. Once located, we can you have two main options to ensure repayment: -

1. Attachment of Earnings Order

This instructs the debtor’s employer to deduct money from their wages to pay back the debt. The employer sends payments to the court, which then forwards the money to you. Depending upon the amount owed, up to 17% of earnings can be paid over each month until the debt is repaid. The cost of this is £500 plus VAT.

2. High Court Writ of Control

With a Writ, a High Court Enforcement Officer can access the debtor’s property and seize goods, cars, tools, stock and money in settlement of the debt. Although self-employed debtors can be pursued, employment-related tools and equipment to the value of £1,200 are protected.

A Writ is valid for 12 months and more than one visit can be made to a property where required, but if the debt isn’t collected in full within 12 months, the Writ would have to be renewed. The cost for a Writ of Control is £500 plus VAT.

Get in touch with our experts today for free, no obligation legal advice

0161 521 0829

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