Residential Possession Proceedings
PCB Solicitors have a specialist team of lawyers who are available to provide you with advice and assistance on residential possession proceedings. With our help you can recover possession of your tenanted residential property as swiftly as possible and at a pre-determined cost.
There are a number of routes available to obtain possession depending on the type of agreement in place and our aim is to help you gain possession as quickly and for the lowest cost as possible.
The most cost effective and quickest procedure is through Section 21 of the Housing Act 1988; although there are strict rules surrounding this procedure. This is known as the accelerated procedure. We will consider your case carefully to advise you on the best options available for you.
Tenants often move out upon expiry of the date set in the Notice period, but sometimes this is not the case and court proceedings will need to be issued to obtain a Possession Order. Below is a guide on our costs to issue a Notice to the tenant and to issue court proceedings. Without a Possession Order it is a criminal offence to remove a tenant or occupier and failure to follow the appropriate procedure can result in claims for damages being brought against the Landlord even if there are significant rent arrears.
If a Section 21 Notice is not the best or an available option to you as a Landlord then generally we can assist in the recovery of possession of the residential property under Section 8 of the Housing Act 1988.
Grounds for Possession
Possession can be obtained for a number of reasons including:
- end of the fixed term tenancy
- rent arrears
- anti-social behaviour
- Landlord requires occupation of the property
- nuisance
- breach of the tenancy agreement
Some grounds allow for mandatory possession of the property such as two months’ rent arrears and some are at the discretion of the Court, but we can advise you on this in more detail and assist you to decide the best options available to you.
Costs
Below is an example of our fees:
| Pre-Issue | |||
| Options | Stage | Section 21 Accelerated Procedure | Section 8 Procedure/Section 21 Standard Procedure |
| Option A Where we are instructed to issue a Notice to the tenant | Notice to tenant | £200.00 (includes review of documents to decide on the correct procedure) | £200.00 (includes review of documents to decide on the correct procedure) |
| Issuing proceedings | £325.00 (there will be a court fee to pay of £355.00) | £400.00 (there will be a court fee to pay of £355.00) | |
| Option B Where we are instructed to only issue proceedings | Issuing proceedings | £425.00 (includes review of documents to ensure the correct procedure is being used – there will be a court fee to pay of £355.00) | £500.00 (includes review of documents to ensure the correct procedure is being used – there will be a court fee to pay of £355.00) |
| Post Issue – Section 21 Accelerated Procedure | ||
| Outcome | Stage | Costs |
| Outcome A Where No Defence is filed by the tenant | Applying for a Possession Order (Where the tenant does not move out or file a defence within 14 days of receiving the court papers) | £95.00 |
| Applying for a Warrant of Execution (Where the tenant does not move out by the date ordered in the Possession Order and we are instructed to evict the tenant) | £225.00 (there will be a court fee to pay of £130.00) | |
| Outcome B Where a Defence is filed | Further work will depend on the Directions provided by the court | £150.00 per hour. Estimate to be provided at this stage but costs are unlikely to exceed £1,500.00 to eviction |
| Post Issue – Section 8 Procedure/Section 21 Standard Procedure | ||
| Outcome A Where No Defence is filed by the tenant | Preparation for hearing A court date will be provided so witness statements and a rent statement (where applicable) must be filed at court along with any further relevant evidence. A hearing bundle will be prepared | £650.00 |
| Attendance at hearing | £350.00 (price may increase depending on location of hearing) | |
| Applying for a Warrant of Execution (Where the tenant does not move out by the date ordered in the Possession Order and we are instructed to evict the tenant) | £225.00 (there will be a court fee to pay of £130.00) | |
| Outcome B Where a Defence is filed by the tenant | Further work will depend on the Directions provided by the court | £150.00 per hour. Estimate to be provided at this stage but costs are likely to range from £1,000.00 to £5,000.00 to eviction |
Example scenarios
- You instruct us to serve a Notice (under any of the Procedures) which is served on the tenant and the tenant moves out – total cost £200.00
- You have served the Notice yourself under the Section 8 procedure, the tenant has not moved out so we issue proceedings and then the tenant moves out – total cost £500.00 plus court fee of £355.00 totalling £855.00
- You instruct us to carry out all the work under the Section 21 Procedure to include serving the Notice and issuing proceedings. No Defence is filed but the tenant does not move out and is eventually removed by Bailiffs – total cost £745.00 plus £485 in court fees (£355.00 and £130.00) totalling £1,230.00
- You instruct us to issue court proceedings under the Section 8 Procedure, the tenant files a Defence and the matter proceeds to a contested hearing. The tenant moves out after the hearing – total costs between £1,500.00 and £5,500.00 plus court fee of £355.00 totalling between £1855.00 to £5,855.00
We would be happy to have a free telephone discussion with you about your options so please don’t hesitate to call us on 01743 248148 and ask to speak with our Litigation Department or contact us here. We can meet with you at any of our offices across Shropshire and Mid-Wales including Shrewsbury, Telford, Church Stretton, Ludlow, Knighton, Welshpool, Bishops Castle and Clun.
Terms and conditions
- Costs and court fees are accurate as of May 2023
- Costs are quoted on the basis that the correct documents have been provided to carry out each procedure – a checklist will be sent to you or your agent at the outset to ensure we have the correct documents
- Our costs are exclusive of and are subject to VAT (please note that there is no VAT on court fees)
- All costs quoted are for County Court possessions brought in England
- We reserve the right to amend our costs quoted should additional work be required. We will inform you in advance of any increase in charges