FRISBY & SMALL
0116 233 5522
72B Main Street, Broughton Astley, Leicester LE9 6RD
Possession Claims FAQ
Below are some of the questions we are most frequently asked about possession claims and eviction of tenants. Please click on a link to jump to the relevant answer.
- Evicting a tenant
- How long does it take?
- How much does it cost?
- Should I send the notice by registered post?
- Do I need to put the notice in the tenant’s hands?
- What if there are two tenants?
- What if I don’t have a written agreement (or I have lost the tenancy agreement)?
Evicting a tenant
Nearly all tenancies that have been created in the past ten years by private landlords are going to be assured shortholds. This is the case even if you never had a written agreement, or you had a home made one.
If you want to get your property back, and the tenant does not agree to leave, you have to go to court to get a possession order. Before you start the court proceedings you have to give the correct notice. You generally have two options.
- a two month notice if the tenant is up to date with their rent, or
- a two week notice if there are more than two months rent arrears
Follow this with a claim in the local county court.
There are pro’s and con’s with each route. Contact us for more information.
Back to top of Possession Claims FAQ
How long does it take?
We expect to get a possession order in six to eight weeks from when we start the court claim. If we have to serve a notice then you have to add that notice time on top - you cannot start any claim until the notice has run out.
Back to top of Possession Claims FAQ
How much does it cost?
Either £475 and £520 depending on which kind of notice we use. See below for details of our fixed fee possession claims costs:
Fixed costs on possession claims
Shorthold claims. You are not claiming rent arrears as well, and you have (or are going) to serve a two month notice (section 21(1)(b) or section 21(4)) Cost £475 including all court fees and vat.
Rent arrears claims. You are claiming rent arrears of over two months and you have (or are going to) serve a two week notice (section 8, grounds 8,10 and 11) Cost £520 including all court fees and vat.
Back to top of Possession Claims FAQ
Should I send the notice by registered post?
No. Either deliver it yourself or put it in normal first class post. In our experience when tenants are in arrears with rent they often have other money problems,
and collecting unexpected official letters from the post office is not always top priority. But watch the rules for service to make sure your notice is delivered on time. These rules may be in your tenancy agreement, or may (by default) be those set out in section 196 Law of Property Act 1925. The general rule is that putting the notice into the tenant’s hand counts as service on that day; leaving it through their letterbox counts as service the following working day, and posting by first class post counts as service on the second working day.
Back to top of Possession Claims FAQ
Do I need to put the notice in the tenant’s hands?
No. See the answer above
Back to top of Possession Claims FAQ
What if there are two tenants?
You should serve a notice that agrees with the tenancy agreement. So if there are two tenants, then the notice should name them both and be addressed to them both.
Back to top of Possession Claims FAQ
What if I don’t have a written agreement (or I have lost the tenancy agreement)?
That is ok. You will have a shorthold tenancy and can use the “shorthold” ground for possession. But you can’t use the accelerated proceudre. You will need to have a hearing in front of a judge. This will add a couple of weeks to the procedure, and if you are using us then this is in our £525 cost band.
Back to top of Possession Claims FAQ
