Landlord & Tenant

Tenancies are not always easy.

If you are a Landlord and rent out your property or are a tenant who is renting, you may from time to time need to seek specialist legal advice regarding your rights and obligations.

Our experienced team deal with all aspects of Landlord and Tenant issues.

The law with respect to issues around being a landlord and having tenants is continuously evolving and it can be a minefield. In these uncertain times, it is important to have a team behind you that you can rely on.

Here at Fahri LLP, we have some of the best in the industry and are skilled at dealing with both commercial and residential landlord and tenant disputes.

We believe that the client should be supported and have a full understanding of their case and we are always at hand to offer pragmatic and practical advice when necessary.

Regaining Possession of your Property

Fahri LLP has developed and offers (where possible) a fixed fee eviction service, which is an efficient and cost effective process for assisting Landlords with terminating tenancy agreements or Assured Shorthold Tenancies (ASTs).

Our Services include:

Breach of Tenancy (Section 8 Route):

If the tenant has breached the tenancy, be it rent arrears or some other breach, the Landlord will be entitled to seek possession of their property.

Evidence of said breach will need to be submitted and then a s8 notice would be served. The notice period varies depending on the type of breach and severity of the breach. Once the notice has expired, we can then apply to court for an order for possession.

Once your claim has been issued, the Court may decide to set a review date before a hearing is set. Once the hearing is set, we will make arrangements to attend with you and submit relevant witness statements. At the hearing the Judge should then grant the order for possession. Should the tenant fail to vacate after this date, the final stage is the bailiff.

At the point of instructing bailiffs you then have 2 options:

  • County Court Bailiff – this has a waiting time of around 6-12 weeks depending on how busy the court is. Please note that due to Covid-19 restrictions, there may be an extended wait time for bailiffs to undertake evictions.
  • High Court Bailiff – this has a waiting time of around 4-5 weeks depending on the court. Once permission is granted to use the High Court, the eviction can take place in as little as a few days. Unfortunately, the delay here is the time it takes to obtain the permission from the Judge.

Our prices for our services are (court fees not included):

  • Drafting s8 Housing Act Notice for rent arrears                                        £150+VAT
  • Drafting s8 on grounds other than rent arrears                                      £250+VAT
  • Issuing Court Proceedings                                                                             £650+VAT
  • Reactivation notices (if required)                                                                 £150+VAT
  • Submitting papers to court for Review prior to hearing being set         £150+VAT
  • Witness statement and attendance at first hearing                                 £350+VAT
  • Representation for initial hearings listed for more than 15 minutes     POA
  • Application for the county court bailiff                                                       £125+VAT
  • Application for permission to use the High Court Bailiff                         £350+VAT
  • Eviction via High Court Bailiff                                                                       £1200+VAT

Court fees:

  • £325 court proceedings court fee
  • £121 county court bailiff court fee
  • £100 court fee for application for permission to use High Court
  • £166 court fee for writ and application for High Court Eviction

Non-Fault Eviction (Section 21 Route)

On occasion, the landlord will seek possession of their property as they simply require their property returned. This process is called the accelerated route. Please do not be fooled by its name – it is by no means a quick fix!

Providing the landlord has complied with the relevant regulations (namely the Deregulation Act), the landlord can seek possession under s21 of the Housing Act. Due to Covid-19, this notice period is currently 6 months. Once the notice has expired, we can make a claim to the court for an order for possession.

The defendant (tenant) is then given 14 days in which to put forward a defence or ask for more time. Please note that this may be extended due to Covid-19. If a defence is put forward and the judge feels the defence has merit, a hearing may be set down. If there is no hearing set, then the landlord can simply request possession. Please note that the Court processing times may be extended due to Covid-19.

Once the landlord has been granted an order for possession, the tenant is then usually given 14 days in which to vacate the property. If they fail to do so, then the final stage is the bailiff.

At the point of instructing bailiffs you then have 2 options:

  • County Court Bailiff – this has a waiting time of around 6-12 weeks depending on how busy the court is. Please note that due to Covid-19, there may be an extended wait time for bailiffs to undertake evictions.
  • High Court Bailiff – this has a waiting time of around 4-5 weeks depending on the court. Once permission is granted to use the High Court, the eviction can take place in as little as a few days. Unfortunately, the delay here is the time it takes to obtain the permission from the Judge.

Our prices for this service (court fees not included) are:

  • Drafting s21 Housing Act Notice                                                                         £150+VAT
  • To Issuing Court Proceedings                                                                             £600+VAT
  • Witness statement (if required)                                                                         £350+VAT
  • Application for the county court bailiff                                                             £125+VAT
  • Application for permission to use the High Court Bailiff                               £350+VAT
  • Eviction via High Court Bailiff                                                                             £1200+VAT

Court fees:

  • £355 court proceedings court fee
  • £121 county court bailiff court fee
  • £100 court fee for application for permission to use High Court
  • £166 court fee for writ and application for High Court Eviction

 

Please note that the prices listed above are for undefended matters. If the matter becomes defended, we will update you on potential further costs.

 

For further information on our Landlord and Tenant services, or to make an appointment for an informal first discussion, please call us on +44 (0) 20 3813 8450 or simply click here to get in touch.