Legal Services - Stages in The Eviction Process

 Capel Homes can arrange a wide selection of Legal Services tailored to your needs. 

Section 8 Notice  - £90.00

A Section 8 Notice is used when a landlord wants to legally terminate a tenancy and typically before the fixed term has come to an end.

The Section 8 Notice can only be used in situations where the tenant has not paid rent or has otherwise breached the tenants' obligations under the tenancy agreement. The landlord must set out certain statutory grounds for terminating the tenancy in a Section 8 Notice.

This stage includes :

i.Taking initial instructions

ii.Reviewing and considering documentation

iii.Drafting Section 8 Notice

iv. Service of Notice upon tenant. Ordinary postal service will be used. However, Capel Homes can arrange for a process server to hand deliver the Notice. Please note there will be an additional charge if you require a process server.

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STAGE B - Commencing Possession Proceedings 

Commencing Possession Proceedings - £250.00 

This stage includes :

i.Drafting Court Forms

ii.Preparing witness statement

iii.Issuing Court Forms

iv.Preparing Statment of Costs

We will prepare your Court Forms and issue the Claim with the Court. Obtain a hearing date. Preparing a Witness Statement for you and other necessary court documents. Preparing a Statement of Costs to try and recover as much of your legal costs back from the tenant as possible. Please note that there is a Court Issue Fee [£175 subject to change] which is payable by the Landlord. 

STAGE C - Court Hearings and Advocacy 

Court Hearings and Advocacy - £300.00 

This stage includes :

i.Attending Court on the Landlords behalf.

ii.Dealing with any hearing contested or uncontested and requesting possession.

Representing you at court and in any 'out of courtroom' negotiations with the tenant or Lawyers acting on behalf of the tenant. Providing you with a detailed written record of the court hearing. Subsequent hearings will require a further charge.

STAGE D - Enforcement

Enforcement procedure - £100

This stage includes :

i.Completing the Warrant for Possession Court Forms

ii. Instructing the Court Bailiffs

Please note that there is a Court Fee [£110 subject to change] which is payable by the Landlord. 

If your tenant refuses to leave your property after you have obtained an order for possession, then we will issue a Warrant for Possession which will be executed by a County Court Bailiff and inform you of the date as it will be preferential for you to be present.

SECTION 21 NOTICE

STAGE A - SERVING NOTICE

Under the Housing Act 1988, a landlord who has granted an assured shorthold tenancy (AST) can reclaim his property at the end of the tenancy.  In order to enforce this right, the landlord is required to serve a notice (under Section 21 of the Housing Act 1988) on their tenant. 

Section 21 is divided into subsections with different rules applying to notice served during the fixed term of a tenancy and notice for possession that is served during a periodic tenancy.

To be eligible to serve a Section 21 notice a landlord needs a signed Assured Shorthold Tenancy agreement (AST). If a landlord renewed or issued the tenancy agreement after the 6th April 2007 any tenancy deposit taken must have been protected under one of the approved tenancy deposit schemes and the tenant notified where the deposit held prior to the Section 21 Notice being served. If an House of Multiple Occupation (HMO) the Landlord must have a licence.

Section 21 Notice - £75.00 

This stage includes :

i.Taking initial instructions

ii.Reviewing and considering documentation

iii.Drafting Section 21 Notice

iv. Service of Notice upon tenant. Ordinary postal service will be used. However, Capel Homes can arrange for a process server to hand deliver the Notice. Please note there will be an additional charge if you require a process server.

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STAGE B - Commencing Possession Proceedings 

Commencing Possession Proceedings - £175.00 

This stage includes :

i.Drafting Court Forms

ii.Preparing witness statement

iii.Issuing Court Forms

iv.Preparing Statment of Costs

We will prepare your Court Forms and issue the Claim with the Court. Obtain a hearing date. Prepare a Witness Statement for you and other necessary court documents. Preparing a Statement of Costs to try and recover as much of your legal costs back from the tenant if possible. Please note that there is a Court Issue Fee [£175 subject to change] which is payable by the Landlord. 

STAGE C - Court Hearings and Advocacy 

Court Hearings and Advocacy - £300.00 

This stage includes :

i.Attending Court on the Landlords behalf.

ii.Dealing with any hearing contested or uncontested and requesting possession.

Representing you at court and in any 'out of courtroom' negotiations with the tenant or Lawyers acting on behalf of the tenant. Providing you with a detailed written record of the court hearing. Subsequent hearings will require a further charge.

This stage may not be required as the Court is able to deal with most accelerated possession on the face of the papers.

STAGE D Enforcement

Enforcement procedure - £100

This stage includes :

i.Completing the Warrant for Possession Court Forms

ii. Instructing the Court Bailiffs

Please note that there is a Court Fee [£110 subject to change] which is payable by the Landlord. 

If your tenant refuses to leave your property after you have obtained an order for possession, then we will issue a Warrant for Possession which will be executed by a County Court Bailiff and inform you of the date as it will be preferential for you to be present.

 

Section 21 Notice & Section 8 Notice Package £140.00

We will prepare and serve a Section 21 Notice and Section 8 Notice.

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Please note that if you require any other service please contact 01443 606100

 

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