NGA Solicitors Burnley

Possession Proceedings

Possession Proceedings

FOR LANDLORDS

At NGA we understand that the process of evicting a tenant can be complicated and stressful. The law in this area is complicated and it is important that you seek specialist advice.

To remove some of the stress we have introduced a fixed fee service which includes all aspects of proceedings for eligible matters.

You will be advised fully upon the process and the fixed fee structure will mean you do not receive an unexpected bill at the end of the matter (see terms and conditions below).

Two types of possession proceedings exist, accelerated possession proceedings and normal possession proceedings. Accelerated possession proceedings can only used when certain criteria apply and it is important that you receive legal advice to prevent the courts from striking out your claim.

Before possession proceedings can be issued at court a Notice to Quit must be served on a tenant and proceedings cannot begin until that notice has expired. There are different notices that can be served dependent upon the individual circumstances of each case.

Details of the fixed fee process are detailed below:-

  • Step 1 – Preparation and service of the notice by post                                                                                   £99.00
  • Step 2 – Issue proceedings via the accelerated route to include  request for Judgment                          £250.00
  • Step 2 –  Issue proceedings via the normal route to include attendance at our local County Court      £400.00
  • Step 3 – Application for Warrant of Possession                                                                                               £75.00

 

FOR TENANTS

We offer advice and representation to tenants who may require advice after being served with a notice seeking possession or with defending the possession proceedings.

Some of the more common issues surrounding the validity of a notice may include for example:-

  • Is the notice in its correct form and does it contain all the information that is required.
  • Was the notice properly served
  • Was any deposit paid protected in a proper scheme as required by law
  • Are the grounds in the notice under which the landlord is seeking possession the same as those set out in the proceedings.

We refer below to some examples of issues that may affect the proceedings themselves:-

  • The landlord has not proved the ground that they are relying on.
  • The landlord has started court proceedings earlier than they were allowed to.

Please note that the examples highlighted above are just that and the list is not exhaustive.

TERMS & CONDITIONS

All prices are subject to VAT and disbursements. Disbursements include expenses such as court fees and travel expenses.

Prices only apply to undefended matters – further costs will be incurred in contested cases

Standard service will be by first class post, further costs will be incurred if another method of service is required.

The fixed costs include only those proceedings issued at Burnley County Court. Additional fees may be incurred for proceedings issued elsewhere.

 

Please contact our specialist lawyers at our offices in Burnley and Colne, Lancashire, for more information.

Contact us now for a FREE, no obligation enquiry