Before instructing bailiffs to recover possession of a property the landlord needs to have ‘in hand’ a court order authorising recovery of the property. There is a set legal process for landlords who are seeking to recover their properties and this is known as ‘possession proceedings’.
Possession proceedings can be commenced due to breaches of a tenancy agreement. The most common ground for commencing possession proceedings is due to non-payment of rent (rent arrears). This article will therefore focus on rent arrears possession proceedings.
In most cases a landlord will have to serve a notice on the tenant explaining that there are rent arrears (how much is currently owing to the landlord). There are rules about how the notice should be served and many tenants, when faced with court proceedings, will argue that they did not receive the notice. Landlords would do well to complete and keep a ‘Certificate of Service’ explaining how the Notice was served. A Section 8 Notice may be appropriate and after the notice has expired (usually 14 days after the date of service) court proceedings can be commenced.
The current fee for issuing court proceedings is £355.00 (as of 25th October 2017). Depending on the wording of your tenancy agreement the fee can usually be recovered from the tenant. After the court issue the claim the tenant will be invited by the court to reply to the claim. A Court hearing may be necessary and you will be expected to attend. At the court hearing the court may order several different orders and these will depend on each case. The court can order:
1. A date for possession (i.e. the date the tenant is expected to have moved out on)
2. Judgment on the arrears (i.e. the money owing from the tenant to the landlord – this is known as a County Court Judgment or CCJ)
3. A daily rate of rent that the tenant is ordered to pay to the landlord if the tenant remains at the property (e.g. if the rent is £500 per month, the daily rate would be £16.43 ((£500x12)/365)).
4. Legal costs (this does depend on the wording of your Tenancy Agreement – landlords should check that there is a contractual right to recover legal costs from the tenant)
5. The court issue fee (currently £355.00)
Landlords need to think carefully about what they are claiming before they complete the claim form.
If all goes according to plan the court will make an Order for possession. If the tenants do not move out after the date for possession then you, as the landlord, are legally entitled to instruct a county court bailiff to recover possession of the property. A court fee is payable - £121.00 (as of 25th October 2017) and there is a simple form to fill out to send to the court. The tenant will then receive a notice of eviction and an eviction date will be set. The cost of instructing the bailiffs can be recovered from the tenants.
If you need assistance with any of the steps outlined above please contact one of our property litigation solicitors today.
