Possession during COVID-19

The legal position has barely stood still throughout 2020 with the relevant legislation, court position and notice periods all having changed repeatedly since the implementation of the Coronavirus Act. We can help you navigate through these changes with fixed charges in place.

Courts reopen for possessions 

 

The position of Landlords (and residential Landlords in particular) throughout the pandemic has not been an enviable one.  The steps taken to protect residential tenants from homelessness, though doing their job, come at a price to landlords who aren’t always the large organisations or vast, wealthy property owners they can be painted as.  Many ordinary people, reliant on that rental income to meet their own mortgages have been left in the lurch by the sweeping changes of the Coronavirus Act.    

The position is constantly changing, but fortunately landlords have finally been given a small lifeline in that possession proceedings have now recommenced on the 21st September 2020.

Though a lifeline has been given, the position is not easy or simple.  The courts have been provided with guidance on the priority listing of such applications with ‘normal’ possessions or those with only limited rent arrears (less than 12 months or 9 months if the payments amount to more than 25% of a landlords total income) falling to the back of the queue. 

For any existing possession proceedings, that have been issued but not yet dealt with by the courts, a reactivation notice must filed with the court in order to even join that queue which we expect to be a long one given that all proceedings have been stayed since 27th March 2020.

The legal position has barely stood still throughout 2020 with the relevant legislation, Court position and notice periods all having changed repeatedly since the implementation of the Coronavirus Act.  Notice periods are now largely six months, but correct notices given previously may still be valid and even current notice periods do vary depending upon the date of and reason for the notice. See Rosie Woodward’s article for further details here.

If you have found the changes somewhat of a minefield, we can help you navigate with fixed charges in most cases as detailed below.

BHP Law costs estimates for Residential Possession Proceedings

 

s21 procedure
Preparation and service of s21 notice; preparation and filing the claim; correspondence with you, the court and the tenant: £390 +VAT


Ground 8, s8 HA 1988 procedure
Preparation and service of s8 notice; preparation and filing the claim, rent schedule, and court order; correspondence with you, the court and the tenant: £650 +VAT


Any other ground, s8 HA 1988 procedure
Preparation and service of s8 notice; preparation and filing the claim, court order, a witness statement and evidence in support; correspondence with you, the court and the tenant: £750 +VAT

In addition, the following costs shall apply to each:
-    Court fee for filing possession claim: £355
-    Land Registry fee for a copy of the property register: £3
-    Estimate of costs for preparation and attending the court hearing (should one be required) is based on the charging rate of £175 +VAT per hour. The time required will be based on the location of the court and the time spent in court waiting and advocating. 

 

Service upon trespassers or persons unknown
Please also let us know if the court requires service of documents attached to the property, and a Certificate or Affidavit of service upon any persons not named on the tenancy agreement, for example a relative, trespasser or anyone presumed at the property other than a minor of the named tenant.

Please note the above Court and Land Registry fees are subject to change by each service, and beyond our control. 

If you require help to prepare notices and claims, please contact either Phil Masters or Rosie Woodward from BHP Law’s highly experienced Dispute Resolution team on 01325 466 794. 

Your Commercial Litigation & Business Disputes Team

Phil Masters

Partner

Following university Phil was employed by Dawn Advice as a legal advisor. Dawn is a charitable organisation based near Cramlington that provided detailed…

Rosie Woodward

Associate

Rosie began her legal career at Darling & Stephensons Solicitors in 2004, assisting with residential conveyancing cases and then running her own caseload…

Ken Wiper

Consultant Solicitor

Ken started his legal career at Latimer Hinks where he qualified as a legal executive specialising in litigation. He went on to qualify as a solicitor…

Josh Fraser

Trainee Solicitor

Josh started his legal career at a UK top-20 firm based in Newcastle working in the Property Litigation department and specialising in leasehold disputes…

Guy Barr

Senior Associate

In November 2020 Guy joined BHP as a senior associate in our dispute resolution team, with 14 years experience as a qualified solicitor. …

Latest Corporate & Commercial News & Insights

Our Awards & Accreditations