Residential Possession Fees for Undisputed Claims

If you are a landlord seeking to regain possession of your property - whether due to rent arrears or the conclusion of a fixed-term tenancy - you may be worried about the associated legal expenses, including court fees for possession claims.

We would always recommend an initial meeting and/or review of the written tenancy agreement and other documents at a fixed fee of £250 (+Vat at 20%). For this, the experts at Clough & Willis will check the tenancy agreement, and other documents to ascertain if this procedure can be used. Some of the documents may be incorrect and not all defects can be rectified.  We ascertain whether a deposit has been taken and how it is held, consider whether the tenant is in rent arrears and advise on the prospects of recovery of those arrears depending upon the method of possession proceedings selected. We will then prepare and serve either a Section 21 Notice or a Section 8 Notice on your behalf.

Once the notice of possession has been served, the following fixed charges will apply:

Accelerated possession procedure (Section 21)*

The accelerated procedure offers a streamlined process for landlords seeking possession without a court hearing, provided there is no dispute. This method is suitable when:

●     The tenant has an assured shorthold tenancy.

●     A valid Section 21 Notice has been served and elapsed.

Our fixed fees for this procedure are:

• Preparing and issuing proceedings in court - £1,500 (+Vat at 20%)
• Requesting judgment - £137.50 (+Vat at 20%)
• Applying for warrant of possession and liaising with you concerning bailiff's appointment - £350 (+Vat at 20% and court fee)

Possession proceedings based on rent arrears (Section 8)*

When tenants are in rent arrears, landlords can pursue possession under Section 8 of the Housing Act 1988. This process often involves a court hearing. Our fixed costs are:

• Issuing proceedings £1,500 (+Vat at 20%)
• Preparing for and conducting court hearing £1,100 (+Vat at 20%)
• Applying for warrant of possession and liaising with you concerning bailiffs - £350 (+Vat at 20% and court fee)

Additional court fees

As of 1 May 2024, the court fee for issuing a possession claim is £391 (+Vat at 20%), and applying for a warrant of possession is £143 (+Vat at 20%). These fees are in addition to our own charges and are subject to increase by the court from time to time.

Extra considerations

●     Agency fees: our fees are based on hearings at Manchester County Court. For properties outside this jurisdiction, we will appoint an agent to attend on your behalf, which could incur additional charges. We will discuss and agree these terms with you in advance.

●     Disputed claims: the above fees apply if no disputes arise. If the tenant contests the proceedings or if multiple hearings are necessary, additional charges may apply. We will inform you promptly should this situation occur.

Retaliatory eviction considerations

It is important to be aware that serving a Section 21 Notice may be deemed invalid if it is perceived as a retaliatory eviction. This occurs when a landlord issues an eviction notice after a tenant has lodged a complaint about the condition of the property. To ensure compliance with the Deregulation Act 2015 and avoid potential legal challenges, landlords should always address genuine repair issues promptly and maintain open communication with tenants.

Recovering court costs from a tenant

Recouping legal expenses from a tenant in these cases can be complex. If the assured shorthold tenancy agreement includes a clause allowing the recovery of legal costs, landlords may pass these expenses onto the tenant. In some cases, landlords incorporate these costs into the service charges, which cover property maintenance and related expenses. However, it is important to make sure such practices comply with current regulations and all charges are transparently communicated to your tenants.

Disputed Matters

If the matter becomes disputed, any additional work engaged by us over and above the normal steps identified above, will be charged at an hourly rate.