Assured Shorthold Tenancy Proceedings
Regardless of how well a tenant is vetted before taking occupation of a property, the chances are that sometime during his/her career a letting agent will have to at sometime commence possession proceedings. This could be because the tenant has defaulted on their rent or where the Tenant refuses to vacate when the tenancy expires. Going to law has in the past proved complicated, costly and time consuming. However, this does not have to be the case.
At Brethertons we have developed a fixed price Assured Shorthold Tenancy (AST) Case Management System which we call T-Out (Tenant Out) which allows us to progress AST claims quickly, efficiently and economically.
T-Out operates a 4 stage procedure for obtaining possession where the tenancy has expired (known as Accelerated Possession Proceedings) and a 5 stage procedure for obtaining possession on rent arrears grounds. Both procedures offer transparency in relation to the costs which may be incurred.
Accelerated Possession Proceedings
Stage 1
We will draft the Section 21 Housing Act Notice and arrange for it to be served on the Tenant.
Charge - £85.00 plus VAT
Stage 2
We will draft a Claim Form for Possession (Accelerated Procedure) and issue it at the appropriate Court.
Charge - £110.00 plus VAT
Stage 3
If the tenant fails to respond to the proceedings within the time allowed we will apply to the Court for a Possession Order to be made.
Charge - £70.00 plus VAT
Stage 4
If the tenant fails to vacate the property we will commence Enforcement Proceedings and issue a Warrant of Possession to the Court Bailiff
Charge - £70 plus VAT plus Court Fee
Rental Possession Proceedings
Stage 1
We will take instructions, complete the appropriate retainer documentation and draft a suitably worded letter before action to the tenant requiring payment of the arrears in full (if the letting agent wishes to continue to allow the tenant to remain in occupation). This stage is optional. You may instead wish to go straight to Stage 2 and ask us to serve a notice.
Charge - £45.00 plus VAT
Stage 2
We will draft the appropriate section 8 Housing Act Notice and arrange for the Notice to be served on the tenant.
Charge - £85.00 plus VAT
Stage 3
We will draft a Claim Form and Particulars of Claim and issue proceedings at the appropriate Court. We will obtain a Hearing date and then arrange representation at the Hearing.
Charge - £235.00 plus VAT and plus the appropriate Court issue fee
Stage 4
We will arrange for clients to be represented at the Hearing. We offer a nationwide service and will use suitably qualified agents where appropriate.
Costs of representation at the hearing will be £125.00 plus VAT
Stage 5
If the tenant fails to vacate the property, we will commence enforcement proceedings and issue a Warrant of Possession to the Court Bailiff.
Charge - £70.00 plus VAT plus Court fee
This extremely helpful flowchart will guide you through the AST process.
If you are a Leaseholder or member of a Residents’ Association and wish to discuss your case with us, please contact:
