Our Assured Shorthold Tenancy Repossession Fixed Fee Scheme is for Assured Shorthold Tenancy (AST) repossessions for rent arrears under Section 8 of the Housing Act 1988 or mandatory possession under Section 21 of the Housing Act 1988.
If a tenant files a defence or contests the possession claimed prior to the possession hearing, the claim will fall outside of the fixed fee scheme and any additional work required will be charged at a standard hourly rate of £175 to £215 per hour depending on the legal advisor assisting.
If the tenant disputes any rent arrears claimed, the additional work required in investigating and responding to the defence will also be charged at these hourly rates.
The fixed fees quoted are for a combined total not exceeding 5 letters, emails or telephone calls in each stage of work. Any additional communication, whether by telephone, email or post, will be chargeable on a time spent basis at our standard hourly rate.
All costs are exclusive of disbursements and VAT which will be added at the appropriate current rate.
Acceptance of Instructions £50
A condition of an instruction being accepted into the fixed fee scheme is that all relevant paperwork is provided at the outset and at the time of instruction. The relevant paperwork includes:
- a copy of the original AST agreement together with any extensions or renewals;
- a copy of the Tenancy Deposit Certificate and Prescribed Information served (if applicable)
- an accurate up to date rent statement
- a copy of any correspondence and/or demands sent to the tenants regarding the arrears and/or possession claim
- a copy of any Notice to Quit served upon the tenant.
Upon accepting an instruction we will immediately:
- check the paperwork
- highlight any issues or concerns regarding the arrears and repossession
- confirm whether legal costs and/or interest are recoverable from the tenant
Service of Notice to Quit £25
If a Notice to Quit has not already been served by you or your agent, we will draft and serve a section 8 notice or section 21 notice as appropriate. We will diarise the relevant deadlines and contact you for instruction. We will notify you of any responses or communications received from your tenant
Issue of Possession Proceedings £125/150*
Prior to the expiration of the relevant Notice to Quit we will draft and prepare the claim form and particulars of claim ready for issue. We will require payment of the current court issue fee before issuing the claim. Proceedings will be prepared (and costs incurred) but will not be issued until payment of the issue fee is received.
Following the issue of proceedings, we will notify you of the hearing date upon receiving notification from the County Court.
* For claims issued under the Section 21 accelerated procedure we will charge an additional £25 for applying for the possession order.
Filing of Evidence £150
Approximately 14 days before the hearing date we will prepare the necessary witness evidence required by the court to enable a possession order to be granted. This will include obtaining Office Copy Entries confirming ownership of the property and preparing an up-to-date rent statement.
A witness statement incorporating the evidence will be sent to you at least 10 days before the hearing for your signature and return so that it can be filed and served at least 2 clear working days before the hearing.
SO Legal Limited will accept no responsibility for your failure to sign and return the witness statement and subsequent failure to serve evidence in time for the hearing.
Attending Court £175
We will arrange for representation to attend the County Court hearing and seek a 14 days’ possession order together with a money Judgment for any rent arrears claimed together with recoverable fixed legal costs unless alternative instructions are received.
If a defence is filed or new issues raised at Court we will attempt to contact you to take instruction and will as far as possible obtain the order as sought.
Take Enforcement Action £100
If, at the date of possession, your tenant(s) have not vacated, we will issue a warrant for possession and liaise with the court bailiff regarding the possession date.
You will be required to pay the current Warrant fee to enable us to issue the request for a Warrant.