Fixed Fee Tenant Eviction in England & Wales

About our Fixed Fee Tenant Eviction in England & Wales by Tenant Eviction Solicitors

We offer an Inexpensive, Quick and Effective Fixed Fee Tenant Eviction by Solicitors for Landlords, Letting Agents & Housing Associations

Are you looking for an inexpensive, quick and effective solution to your tenant eviction problem in England & Wales?  If so we can help, by offering our Fixed Fee Tenant Eviction service to Landlords, Letting Agents and Housing Association, anywhere in England and Wales.

Why us?

We offer inexpensive fixed fee billing for our Tenant Eviction service in all of england and wales

For a straight forward possession involving the usual one court hearing, we will act for you for a fixed fee:

The process of tenant eviction for most situations is that a notice is served telling the tenant to leave. If the tenant does not leave, a possession order must be obtained from the court. Obtaining your possession order will involve issuing proceedings, preparing for and attending a court hearing. If the tenant still doesn’t leave, bailiffs are instructed to evict them.

The Tenant Eviction Fixed Fees

A brief telephone consultation about your tenant eviction or related matter (up to 10 minutes) is Free.  

After that initial free call our Fixed Fee Tenant Eviction service costs;

  1. Tenant Eviction Notices: £65 for one notice, £85 if both section 8 and section 21 notices are used. There is no vat to add.
  2. Tenant Eviction – Full Service: £575 start to finish, from issuing your claim through preparing your case to obtaining your possession order including representation at court (1 hearing) (any court in England and Wales), all court fees and vat. That’s just £295 plus the court fee.
  3. Tenant Eviction Enforcement: : £165 including bailiff fee, there is no vat to add. If the tenants don’t leave when the possession order says they must, we can issue a warrant and the bailiffs will evict them, by force if necessary.
  4. Accelerated Possession Procedure: £450 including court fees. That’s just £170 plus the court fee.

We offer quick tenant eviction

If we have the necessary information from you and are instructed before 5 o’clock on a week day, we can often get the notice in the post and begin your tenant eviction on the day that we are instructed. We will, where possible, give you the option to have your possession order transferred to the High Court for enforcement. The procedure facilitates a very quick eviction. We can’t make any promises though, the necessary order is at the discretion of the judge and not always granted.

We provide effective Tenant Eviction

We have dealt with over 10,000 possession matters, many on behalf of banks, building societies and very large landlords. We know how to get the best from the system for you. Further more, we are a firm of solicitors and are properly qualified to carry out all aspects of your tenant eviction work.

We can go on the court record as your solicitors, the court will correspond directly with us. This means that we can manage the process of your tenant eviction for you and deal with any issues promptly and properly.

Instruct us as your tenant Eviction Solicitors because:

Unless you are very experienced, trying to carry out the work yourself will not only be time consuming but a small error can be costly.

The law takes tenant eviction very seriously. The process must be conducted diligently. Judges will rarely overlook procedural errors in the tenant eviction process. An apparently minor error can result in an adjournment or even the case being struck out so you have to start the whole process again.

Delays can be expensive if they extend the time that your very valuable asset is not earning it’s keep.

We are specialist Landlord & Tenant solicitors. Non-solicitor firms undertaking tenant eviction work are unable to go on the court record, the court will not deal with them. We are qualified to carry out your tenant eviction work. Solicitors are heavily regulated and have to comply with far ranging rules which govern client care, confidentiality, treating clients fairly and putting client’s interests first. There are also legal regulators and ombudsmen who you can complain to if you are dissatisfied with the service you have received. In addition, solicitors are required to have professional indemnity insurance which is far more comprehensive than any insurance likely to be held by a non solicitor firm. You are very well protected against anything going wrong if you instruct a solicitor.

We also use our own advocates to represent you at court, trained and supervised by ourselves. They will try to deal with any issues on the day to avoid adjournments. They have a right of audience before the court. Non solicitors cannot represent you at court.

In spite of all these advantages we are no more expensive than non-solicitor tenant eviction firms and cheaper than many. Why wouldn’t you instruct us?

Additional Assistance: We can help you with any landlord related issue such as recovering arrears from tenants or guarantors, drafting documents, defending claims against you, and even possession claims against landlords due to mortgage arrears for example.

Contact us for a Free initial telephone consultation. We will try to answer all your questions and you will be under no pressure to instruct us.

Areas covered for our Fixed Fee Tenant Eviction services:

We can supply our Fixed Fee Tenant Eviction service to Landlords, Letting Agents and Housing Association all over England and Wales including:

Tenant Eviction in Wales

We can provide tenant eviction services to Landlords, Letting Agents & Housing Associations in South Wales, South West Wales, South East Wales, Mid Wales, East Wales, West Wales and North Wales.

Tenant Eviction in England

We can provide tenant eviction services to Landlords, Letting Agents & Housing Associations in South West England, South East England including London, West Midlands, East Midlands, North West England and North East England.

Simon J Vollans & Co Solicitors

Nationwide Legal Services including:

Tenant Evictions – Property Law – Repossession – Rent Arrears Recovery – Debt Collection

Landlords and Possession: Squatting is now a Crime.

 

Squatting and Possession of a Residential Property

 

Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force on 01.09.12.

 

The new offence will be committed where a person does all of the following:

 

  • Is in a residential building as a trespasser, having entered it as a trespasser.
  • Knows or ought to know that he or she is a trespasser.
  • Is living in the building or intends to live there for any period.

 

The act applies whether the person entered the building as a trespasser before or after the commencement of section 144. However, the offence will not be committed by anyone holding over after the end of a lease or licence (even if they leave and re-enter the building). The offence is not applicable to commercial properties.

 

Landlord’s Possession Rights Are Now a Serious Matter

 

Alex Haigh, aged 21, is the first person to be prosecuted under the new act.  He pleaded guilty and was sentenced to 12 weeks in prison.  Previously, squatting was a civil matter and the authorities had limited powers to deal with squatters.

Squatters Can Take Possession from The Landlord

 

An analysis of the law of Adverse Possession is beyond the scope of this note.  However, in a nutshell, squatters can apply to take the property as the paper owner of unregistered land if they have possessed it as a trespasser for 12 years.  The same applies to registered land where the period of adverse possession relied on ends before 13.10.03.  The principle is that there is a limit to the amount of time in which the paper owner should be able to claim back land he or she isn’t using.  The law is based on the Limitation Act 1980.  There are of course a number of qualifications, but such applications appear to be to have been frequently successful.

In the case of registered land,  the process changed after 13.10.03 with the coming into force of the Land Registration Act 2002  on 13.10.03.  The squatter only now needs to be in possession for 10 years, however, the registered owner and anyone else with sufficient interest must be given notice of the application and have a chance to object.

Although it is more difficult for a trespasser to obtain registered title to a property under the new act, it is far from impossible and furthermore, being entitled to make such an application can be a defence to an action for possession even where such application hasn’t actually been made, s. 98 Land Registration Act 2002.

The squatter’s possession must be unlawful for time to run in the squatter’s favour.  A tenant or licensee’s occupation does not give rise to the potential loss of the landlord’s property for example.  Non payment of rent does not normally amount to adverse possession, but there can be exceptions.

This is a complex and shifting area of law and advice is, in our view, essential.

The Squatting Tenant’s Possession Now Illegal

 

There is a legal maxim to the effect that courts will not enforce a cause of action which arises from illegal or immoral conduct, recently considered in Smith, R (on the application of) v The Land Registry (Peterborough Office) [2009] EWHC 328 (Admin)

If it is illegal to squat, there is therefore a question as to whether the squatter should be able to obtain title to the property, based on their illegal act.  In the light of the legal maxim referred to above and described by those who prefer Latin as ex turpi causa non oritur actio, the answer should be; absolutely not.  However, in a decision by the House of Lords, Bakewell Management Limited (Respondents) v Brandwood and ors (Appellants) [2004] UKHL 14, their Lordships appear to have qualified the maxim. 

If the landowner can lawfully grant a right claimed (an easement in Bakewell) so that it wouldn’t be criminal, then the criminality actually  involved in the absence of such a grant would not be such as to engage the principle of ex turpi causa non oritur actio.  Would it then be right to say that, because the registered or paper title owner could consent to the squatter’s possession, the maxim would not be engaged?   If yes, then the squatter would be able, in principle, to claim the property notwithstanding the illegality of the squatter’s possession.

There seems to be favour for the view that the illegality now involved in squatting would be sufficient to defeat a claim for adverse possession in spite of Bakewell.  This is because Bakewell  could be distinguished on the basis that the claim was based on prescription, which in turn is based on a fictional presumption that permission had been granted at some point in the past.  In other words, permission is presumed to have been given.  This is not the case in adverse possession.

The counter argument might be that the principle derived from Bakewell is that the criminality that is capable of being extinguished by the land owner is of a different quality to criminality per se.  It is the ability of the landowner to grant the right, rather than the nature of the particular cause of action being employed, which disengages the ex turpi causa non oritur actio maxim.

No doubt there will be a helpful judgment in the not too distant future.  Whether or not a squatter can claim possession of the Landlord’s property is an important point.

What can a Landlord do to Avoid A Tenant Claiming Adverse Possession?

 

It sounds obvious, but make sure you know what is going on at your property.  If you have a squatter, do something about it.  The obvious course of action is to begin proceedings for possession.  However, consider also the option to grant a licence or tenancy instead, which will stop time running against the landlord.  If the property in question is registered, do not fail to serve a counter notice if the squatter applies for registration.

Given the value of the asset in question, it is, in our view, vital that landlords seek advice.

As always, feedback and experience is welcomed.

Simon Vollans LL.M. (Bristol) Barrister and Solicitor – 05.11.12

This blog is for written for general interest only.  The content of this blog is not legal advice and no lawyer-client relationship is created between any persons whatsoever by the use of this blog or its contents. Please do not rely in any way on the contents of this blog.  You should consult your own lawyer for legal advice.

 

 

 

 

Welcome to the New interactive blog from SJV Solicitors.co.uk

This blog will contain lots of information about the Landlord legal services, Letting Agents legal services and Tenant legal services on offer from SJV Solicitors as well as useful information and news about Landlord Law including Property Law and Tenant Law including Tenant Eviction as well as other things of interest to Landlords, Tenants and those dealing with the law around evictions, rent arears, disputes and disrepair.

This blog will be providing regular posts and news on Landlord and Tenant legal and law issues so please follow the blog or keep coming back and hopefully you will find something of use or of interest to you.

If you want to see more about the Legal Services we can provide to Landlords, Letting Agents and Housing Associations please see our main website: http://www.sjvsolicitors.co.uk/landlord_services.html

More about SJV Solicitors – Landlord & Tenant Solicitors in England & Wales

Our principal, Simon Vollans, was formerly a barrister, having been called to the bar in 2001. Since then, Simon has personally assisted clients with more than 3,500 matters. Clients have included individuals, small and large businesses, banks, building societies and insurance companies.”

Simon provides advocacy training and consultancy to other law firms. He has been involved in high profile land disputes and has had considerable media exposure in local and national news, as well as appearances on programmes such as GMTV, Richard and Judy and Neighbours from Hell.

More recently, Simon cross qualified as a solicitor in order to found this firm.

Simon has been chair of a Housing Association and currently chairs a legal action group.

Areas covered by our Landlord & Tenant Solicitors in England & Wales

Wales

We can provide Landlord & Tenant Solicitor services, including Tenant Eviction, Rent Arrears Recovery and Debt Collection to Landlords, Letting Agents and Housing Associations in all of Wales including, South Wales, South West Wales, South East Wales, Mid Wales and North Wales.  This includes Landlord & Tenant Solicitor services, including Tenant Eviction, Rent Arrears Recovery and Debt Collection to Landlords, Letting Agents and Housing Associations in Carmarthen, Llanelli, Swansea, Neath, Portalbot, Bridgend, Vale of Glamorgan, RCT, Caerphilly, Cardiff, Newport, Cwmbran, Pontypool, Chepstow, Monmouth, Abergavenny, Mertrhyr, Brecon, Powys, Wrexham, Bangor, Rhyl etc.

England

We can provide Landlord & Tenant Solicitor services, including Tenant Eviction, Rent Arrears Recovery and Debt Collection to Landlords, Letting Agents and Housing Associations in all of England including, South West England, South East England, West Midlands, East Midlands, North West England and North East England including Landlord & Tenant Solicitor services, including Tenant Eviction, Rent Arrears Recovery and Debt Collection to Landlords, Letting Agents and Housing Associations in Bristol, Gloucester, Reading, London, Brighton, Southampton, Portsmouth, Birmingham, Derby, Leicester, Nottingham, Stoke, Manchester, Liverpool, Leeds, York, Newcastle etc.