Eviction/Possession For Landlords

Whether you are a landlord in need of assistance with serving the correct notice to a tenant or beginning possession proceedings, or a landlord looking to reclaim outstanding rent, our landlord and tenant solicitors in London have the specialist expertise and experience to represent you with advice and representation tailored to your individual circumstances.

No matter where you are based in the UK or a landlord living overseas, we can advise you on landlord and tenant law and your rights, offering support over the phone and via videoconferencing software such as Zoom and Microsoft Teams.

OTS Solicitors offer a dedicated litigation department, advising landlords on eviction and possession services including:

• Section 8 Notices
• Section 21 Notices
• Possession Proceedings
• Enforcement Proceedings
• Claims for Unpaid Rent

How can OTS Solicitors help?

Our specialised department can represent you in the pre-action stages of eviction including serving prescribed notices, negotiation, repayment schedules for outstanding rent and settlement offers. We aim to avoid complex and lengthy litigation processes and approach each case with a view to negotiating suitable settlements and results for our clients in the shortest timeframe possible.

Fees for Eviction and Possession Services

To ensure our clients have a clear understanding of the hourly rates and fixed fees we quote per  case, we have set out below the costs of our services with a range of fees to accommodate work  that spans both straightforward and complex or highly complex cases involving multiple tenants and HMO’s.

Our consultation rates are £140 (+ VAT if applicable) for a 40-minute consultation and £210 (+ VAT if applicable) for a 60-minute consultation. This meeting will take place in confidence between yourself and one of our qualified lawyers to establish the full details of your specific circumstances; taking down your full instruction; we will consider all the applicable legislation, policy and any case law that will need to be taken into account in to your case; we will finally have a detailed discussion to advise on your options and merits of success in your case.

This will involve the perusal of documentation including tenancy agreements, communications between parties, agency contracts and detailed chronologies.

A costs-benefit analysis and a full explanation of our duties towards you will be provided, with plenty of time for you to ask any further questions for clarification before the end of the consultation.

Following the initial consultation, the following fees may apply:

Pre-action Process:

On average, costs range from £600 (plus VAT) depending on the fee-earners hourly rate and complexity of the case. All figures exclude VAT unless specifically stated.

The work will involve (but is not limited to):

• Discussing your circumstances in detail and confirming what the realistic prospects are for recovery of unpaid rent and what other options may be available to you
• Providing you with detailed advice about the law applicable to rent recovery, timescales and whether the case has the required merits to bring a successful conclusion
• Considering the supporting evidence you have provided, including accounting records, correspondence, contracts and agreements and where necessary, helping you obtain further evidence (such as disclosure and bank statements), including taking statements of any relevant witnesses
• Preparing the detailed letter of demand and submitting it on your behalf to the concerned parties, reviewing and advising on responses to demands, negotiating and drafting offers and settlement agreements. We will assess and advise you on your claim at each stage to enable the client to make an informed decision on how to proceed.
• We will provide you with detailed advice and assessment about the outcome of each process and any further steps you need to take including any consequences for either party

Serving Section 8 or Section 21 Notices

In circumstances where the landlord requires possession of the property whether for the purpose of selling or the tenant has rent arrears, we understand that landlords require representation to ensure that they can take control of their property in the fastest timeframe possible.

We can represent the client with serving the required notice using the prescribed forms and advising you on all eventualities including the next steps to take if the tenant decides to contest the eviction. We will advise on the possession process if the notice is neglected and inform you of the relevant timescales involved with submitting a possession claim with the court.

Landlords should note the following:

Reclaiming possession of your property is not always straightforward and timeframes will vary depending on a number of factors. Landlords are advised not to agree a sale on the property with vacant possession until these matters have been resolved.

Possession Court Action Process:

If the section 8 or section 21 is ineffective during the intial stages, we can assist you with serving a possession claim with the court. The tenant will usually have a set amount of time in which to provide the court with a defence or enter an acknowledgement.

On average, costs will start from an average of £800 (plus VAT) depending on the fee-earners hourly rate and complexity of the case. All figures exclude VAT unless specifically stated.

Our specialised department will Identify the grounds for a possession by carefully considering the nature of the tenancy prior to serving the relevant notice under a procedure called section 21 or section 8 notice. We will always ensure that the notice served on the tenant is compliant and contains all the prescribed information required.

The work will involve (but is not limited to):

• Taking your instructions and reviewing documentation such as tenancy agreements and correspondence etc.
• Serving the appropriate notice seeking possession. The first step in starting the court process of a possession application is to file a claim form in the county court. The claim needs to be supported by a particulars of claim document referred to as form N119.
• Issuing a possession claim including drafting and submitting the correct documentation and accompanying the background to your claim for possession including any evidence of rent arrears or anti-social behaviour under Practice Direction 55
• We will draft a claim for rent arrears in addition to the requisite information including (but not limited to) how the rent arrears arose, the amount claimed by the landlord including a copy of any outstanding invoices and further evidence, whether you are claiming any contractual or statutory interest that has accrued upon the unpaid rent and any legal costs being claimed in addition to the unpaid rent and interest.
• Receiving payment and sending onto you
• If payment for rent arrears is not received within a reasonable period, providing you with advice on next steps and likely costs
• Matters usually take a minimum of 8 weeks from receipt of instructions from submission of the initial notice, depending on whether or not it is necessary to issue a claim for possession. This is on the basis that the tenant gives up possession of the property. If enforcement action is needed, the matter will take longer to resolve.

Important: Your ability to recover your legal costs from the tenant is also affected by the value of your claim, in general if your claim is considered small (under £10,000) you can only recover limited fixed costs from the tenant.

These charges are reviewed annually and we will let you know if the rates increase.

All stated fees may be subject to VAT (Value Added Tax) where applicable and is usually charged at a rate of 20%. However, this may not apply for applicants applying from abroad depending on their individual visa/residency status. We will confirm whether VAT is payable when you instruct us and we can work out if VAT is properly chargeable.

Disbursements (not included in costs set out above):

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Some examples of disbursements are (but not limited to) the following:

• Any court fees for making the possession claim. You will pay this to the court directly as part of the rent arrears claim process. The current court fee for this process is £355
• Where the court has refused or dismissed the claim, advice and assistance in relation to any further work on the matter
• Barrister fees which vary depending on complexity of matter, the seniority of barrister and time spent on matter. On average this may cost between £650 - £3000 excluding VAT however these fees may be significantly higher depending on the level of complexity of the case.

Clients intending to instruct on a claim should note the following:

In relation to legal costs, The VAT of our fee cannot be reclaimed from the tenant. Interest and compensation may take the rent arrears into a higher banding, with a higher cost. The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your rent arrears.

If you need legal advice about starting possession proceedings and securing possession of residential property then the landlord and tenant team at OTS Solicitors can help you. Call OTS Solicitors on 0203 959 9123 or complete our online enquiry form for an appointment by video conference or telephone.