Below are a collection of frequently asked questions from the “Landlord and Tenant” category. To view the full answer to each question please click the button below it. If you have any more specific questions that are not answered on this page please contact us and we will be happy to discuss it with you.
How much do domestic property possession proceedings cost?
These prices relate to domestic only possession proceedings where there is an assured shorthold tenancy in place and not to any other type of tenancy. For prices for other types of tenancy agreements ie protected tenant contact us for details and estimate.
Our fees of preparing and issuing proceedings in the county court : £550 +vat
In addition there are court fees of £355 and if the tenant does not leave a baliffs fee of £121.
Our fixed prices relate to and cover the following:
- The issue of proceedings for possession either based on s.8 notice that has been validly served or s.21 notice that has been validly served.
- To serving any necessary witness statement in relation to rent arrears in s.8 proceedings
- To attending court on one hearing only. If the case becomes defended and or a counterclaim is made then the case will come out of our fixed price scheme and we will give you an estimate of our fees for dealing with the remainder of the matter.
- To applying for an order for possession in the event of the tenant not responding to the issued claim
- To applying for a warrant of possession in the event that the tenant does not leave the premises when ordered by the court to do so.
Our fees do not cover the recovery of any arrears either those ordered in the possession claim or subsequently-
If and when that happens we are happy to assist in debt recovery but this will require us to consider the matter and give you a separate estimate for this.
How long will it take to get my property back?
This depends on a number of things:
- Where the property is situated – proceedings have to be issued in the court where the property is situated and some courts are much quicker than others.
- Whether the tenant files a defence and the court then fix a court hearing date
- When the court list the case for hearing
- Whether the tenant asks the court for the maximum of 42 days before giving possession
- Whether the tenant leaves when ordered by the court to do so
- How quickly the court baliffs give an appointment to attend and remove the tenants
Taking account of the variables above the time it takes to get an order for possession will take between 7-30 weeks – the 7 weeks being the quickest that possession could possibly be obtained from start to finish and the 30 weeks being an average time if a hearing is fixed for possession and also if the court grant the tenant 42 days to leave instead of 14 days.
I am thinking of letting out a property I own – apart from a tenancy agreement do I need an inventory and can I do it myself?
Yes ! In conjunction with the tenancy agreement you should prepare a detailed inventory preferably with photos of each room and area attached.
You should make sure that each room is described ie the type of room and its decorative condition as well as the state of the carpets or floor covering. Any contents in the room right down to the curtain rails should be listed.
It is recommended you do the same for common areas like hallways and stairways.
In order to show the actual condition it is sensible to take photos of each room and area and have the tenant sign the back of them.
The better record you have of the condition the less chance of argument at the end of the tenancy as to the condition it should be returned to you in.
For any further information on your landlord and tenant queries contact us at TM LAW
The advice set out in our frequently answered questions is generic advice not specific to your case and no liability attached to the answers. However, if you do want advice specific to your case please contact us at TM Law and we would be delighted to either fix up a meeting or have a brief chat with you to see if we can assist.