RUGBY Offices

Private Client Department, Address: 16 Church Street, RUGBY, CV21 3PW, Telephone: + 44 (0) 1788 579 579, Fax: +44 (0) 1788 570 949

Conveyancing Department, Address: 26 Regent Street, RUGBY, CV21 2PS, Telephone: + 44 (0) 1788 551 611, Fax: + 44 (0) 1788 551 597

Commercial/ Wills, Trusts & Probate Departments, Address: The Robbins Building, 25 Albert Street, RUGBY, CV21 2SD, Telephone: + 44 (0) 1788 579 579, Fax: + 44 (0) 1788 552 888

LONDON Offices

2nd Floor Berkeley Square House, Berkeley Square, London, W1J 6BD, Telephone enquiries: +44 (0) 2078876590, Fax number: +44 (0) 207 8876001

BANBURY Offices

Strathmore House, Waterperry Court, Middleton Road, BANBURY, OX16 4QD, General Telephone enquires: + 44 (0) 1295 270999

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:

Torquil Maccleod

Torquil Macleod, Senior Litigation Executive

Tel: (01788) 532 924
Email: torquilmacleod@brethertons.co.uk

 

 

 

 

 

 


“We have always found Brethertons to be approachable, responsive and supportive. I have no hesitation recommending them to other property management companies.”