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

Tenant Eviction England & Wales: The Disaster is in the Details

Tenant eviction is a tricky process.  The law takes tenant’s security very seriously.  Evicting a tenant can seem like climbing a mountain.  There are a number of paths that you can take to the top of the mountain to evict your tenant. The best route to eviction depends on all the circumstances.  But be aware that putting a toe out of line can send you tumbling to the bottom of the mountain and having to start again.  This means additional expense and delay and there’s quite enough of that in the system already.

This is a cautionary tale to illustrate how easy it is to waste significant sums of money, quite unnecessarily.  It’s based on an actual case that we dealt with.  It wasn’t actually in South Wales; although our firm is based here, we conduct the eviction process for landlords anywhere in England and Wales using our own legally qualified advocates for court.  So it could have been London, Oxford, Manchester, Liverpool, Bristol or just about anywhere.  We’ll hide the details to save the guilty from embarrassment.

The story involves a house in which there were a number of separate tenants, each with exclusive use of a room together with use of the common parts.  Each tenant had a separate assured shorthold tenancy agreement.

One tenant was a nuisance.  There were late night parties, aggressive friends, lots of mess, the front door frequently left open all night, and there was a strange herbal smell around the house that had nothing to do with air freshener.

Because of the behaviour of this individual, tenants were leaving and challenging their obligation to pay rent for the rest of the agreement and in fact threatening to claim back the rent already paid. Those tenants that stayed were living in fear.  Naturally our landlord needed the tenant evicted absolutely as soon as possible.  We mentioned to our landlord client that the legislators had devised a ground for eviction for just such a circumstance, ground 14, which allowed the process to be speeded up.  We awaited our instructions to serve a notice and proceed to eviction.  We were surprised to hear nothing further.

Two weeks later, our landlord informed us that he had served the notice and given the tenant 14 days to leave; would we now start the court process.  Having carried out tenant evictions for landlords all over England and Wales, for example  London, Oxford, Manchester, Liverpool, Bristol, Newcastle and Plymouth (sorry to go on about this but we really want you to know that we can help with tenant evictions anywhere in England and Wales) we know that you landlords are all ever vigilant to save a shilling.  However, in this case, as often happens in tenant eviction, it was a false economy.  Had we been instructed to issue the notice (for a miserly fixed fee as set out on our website) we would have known that you don’t need to wait 14 days to issue proceedings when you rely on ground 14.  The tenant would have been evicted two weeks earlier and the £65 we would have charged to serve the notice would have been repaid many times over.

We know how difficult it is get it right.  Even solicitors have their moments.  A case comes to mind where a solicitor made a typo in the street name of the address of the property from which the tenant was to be evicted. It was only one letter of the street name, the post code and everything else was correct.  It cost a hearing fee, a process server’s fee, an additional advocate fee for the additional hearing, and several weeks loss of rent.  The point is though, that the solicitor covered all the losses in this case because they had made the typo.

The law is complex, the potential losses large and the fixed fees modest.  The mountain track to tenant eviction is strewn with bear traps.  Why would you take the risk without a guide?

Did I mention that we can deal with you tenant eviction in Liverpool, London, Oxford, Bristol, Newport, Swansea, Birmingham, Leeds, Sheffield, Bradford or pretty much anywhere in England and Wales?

 

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

Charging Orders and Judgments Payable by Instalments.

Charging Orders and Judgments Payable by Instalments.

An update for landlords and letting agents pursuing arrears against a guarantor, or an evicted tenant that now has property.

This note is really aimed at those with some experience of recovering debts.  If that isn’t you, please feel free to get in touch at

http:www.sjvsolicitors.co.uk/landlord_services.co.uk or email us at info@sjvsolicitors.co.uk, we’ll be happy to help.

Where a tenant has been subject to eviction by the landlord, it may be that the landlord has a money judgment from the court.  The debt can then be enforced against the evicted tenant or a ultimately, a guarantor if there is one.

It should usually the case that as well as an order for possession, the landlord obtains an occupation charge, a money judgement including interest on the arrears, and the appropriate order for costs.

If the tenant who was subject to eviction,  now has a property or a guarantor is available, a charging order is one of a number of ways for the landlord to enforce the judgment.

It used to be that if the court ordered a judgment to be paid by instalments, the landlord had a very time consuming and somewhat uncertain path to obtaining a charging order against the tenant.  The court now has a discretion to make a charging order were the underlying judgment orders a debt to be paid by instalments, and there has been no breach of the instalment order.

Section 93 of the Tribunals Courts and Enforcement Act 2007

came into force on 01.10.12. Section 93 (2), (3) & (4) amends the Charging Order Act 1979.

Note that the court is still not obliged to make a charging order where landlord has an instalment order against the evicted tenant, it now has discretion.

The court “must” take account of the absence of default when deciding whether to make a charging order final.  The landlord cannot enforce the charging order against the evicted tenant until there has been default.  The changes are not retrospective so judgments made before 01.10.12 are not affected.

The interim charging order will continue to be made without a hearing and any issues left to be resolved at the final charging order hearing.  A possible exception is where the judge considering the interim charging order judges the amount of the debt to be too small and decides that a charging order would be disproportionate.  There is no minimum amount which makes applying for charging orders for smaller sums a bit uncertain.  The Tribunals, Courts and Enforcement Act 2007 allows a minimum figure to be set, however, at the time of writing, the figure has yet to be settled.  We recently made an application based on a debt of £600.  The application was made with fingers crossed.  Happily, the charging order was made on that occasion.

There is no need now to make an application for redetermination in order to obtain a charging order where an instalment order has been made.

It remains to be seen how courts will use their new discretion.  When the landlord or agent is before the district judge, the usual arguments should apply.  The principle points under consideration will be the size of the debt and the length of time it will take to be repaid.  If the judgment debtor must wait a long time for their money, then it is reasonable for them to have security.

The court should also be reminded that the charging order cannot be enforced whilst there are no arrears under the instalment order.  This may be somewhat academic as an application to the court must be made by the landlord in order to enforce the charging order against the tenant and experience suggests that rarely will a court be persuaded to order sale of a family home based on a charging order.

The charging order is in reality more a device to obtain security than to obtain immediate payment.  Other forms of enforcement may be pursued by the landlord against the evicted tenant simultaneously with the charging order.  Further points that might be argued in support of the application are that: the former tenant may take the debt more seriously if it is secured, the landlord may be more forbearing if they are secured and that if the landlord is denied a charging order, they may pursue less benign forms of enforcement.

As always, feedback and experience is welcomed.

Simon Vollans LL.M (Bristol) Barrister and Solicitor – 29.10.12