Please note, below is a short summary of the current eviction process for occupation contracts for properties located in Wales. A different process is applicable for properties located in England.

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Miss Farr can assist with evictions in both England and Wales. If you would like some information regarding the current process for England, please do not hesitate to get in touch for a first free initial appointment. Contact us by either telephoning our offices on 01492 588200 or simply fill out the enquiry form below, to which a member of our staff will contact you to arrange your initial appointment.

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At the end of a tenancy, we all hope for an amicable departure; however, we know this isn’t always the case. For both Landlords and Contract-Holders (the new term for ‘tenants’) it can be a stressful time. Miss Caitlin Farr at Nelson Myatt Solicitors will be there for you throughout the entire process to assist you and provide advice, once instructed, with your possession claim. 

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Removal of Contract-Holders

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Do you currently have a Contract-Holder in your property which you want to regain possession of? Does your Contract-Holder owe you rent and/or have no regard for properly maintaining the property as they should be? You may be wanting court intervention to ensure your Contract-Holder is ordered to leave your property but be left thinking of the costs and how long the process is. Below will explain the different options available which you may want to proceed with.

 

No Fault Notice Seeking Possession

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Sometimes a Contract-Holder may not have done anything, and you wish to regain possession of your Property for personal reasons. To serve a No Fault Notice Seeking Possession our estimate of costs would be £90 + VAT (providing that you have complied with all the pre-requisites to serving the notice and do not require any assistance in that regard; however, if you do require assistance, or detailed advice, are fees are likely to be higher).

 

Please Note:

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Subject to the new laws brought forward on 1 December 2022 (Renting Homes (Wales) Act 2016), Landlord must serve their Contract-Holders with a written statement. Converting your existing tenancy agreement into a new written statement will take around 5-10 hours of Miss Farr’s time if you require her assistance with this task, this time estimate is subject to variation depending on how complex the terms of your previous tenancy agreement are. Miss Farr’s hourly rate is £180 + VAT.

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How many months’ notice do I have to give my Contract-Holders, we hear you ask.?

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Providing that your existing tenancy agreement has been converted into a written statement and served on your Contract-Holder, and all other pre-requisites have been complied with. The notice period for no fault notices seeking possession for existing tenancies is 2 months providing that you serve your Contract-Holders with a notice before 31 May 2023. Otherwise, after 31 May 2023, you will have to give your Contract-Holders 6 months’ notice before issuing possession proceedings with the Court.

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For occupation contracts that have been entered into on or after 1 December 2022, the current notice period for no fault notices seeking possession is 6 months.

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If your Contract-Holder fails to vacate your property after the notice has expired, you may wish to issue possession proceedings with the Court. Our estimated fees are:

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• £360 (estimate of our fees – if we are required to attend a hearing on your behalf, this estimate will be subject to increase)

• £355 (Court fee)

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Once you have received the Possession Order from the Court, you cannot simply enter your property should they fail to vacate. You must thereafter instruct a bailiff to regain possession, the estimated costs for this are as follows:

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• £90 +VAT (estimate of our fees)

• £130 (Court fee)

 

Fault Based Notice Seeking Possession

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Sometimes your Contract-Holder may not be the Contract-Holder that you wish for and fall behind on rent or breach another term of the occupation contract. Accordingly, you may wish to terminate the tenancy and regain possession of your property.

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Serious Rental Arrears

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Your contact holder will be considered to be in serious rental arrears if there are at least 2 months (if rent is paid monthly) or 8 weeks (if rent is paid weekly) worth of rental arrears accrued. The current notice period for notices seeking possession based upon serious rental arrears is 2 weeks. To serve a fault notice seeking possession our estimate of costs would be £90 -£180 + VAT.

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If your Contract-Holder fails to vacate your property after the notice has expired, you may wish to issue possession proceedings with the Court. So long as the Contract-Holder is in serious rental arrears at the time the notice is served, at the time the claim for possession is issued and on the day of the possession hearing, then the possession is mandatory i.e the Court will  have to make an order for possession of the Property. However, if your Contract-Holder manages to repay the rental arrears to below the 2 months/8 weeks threshold, the mandatory possession ground will turn to a discretionary ground, i.e., the Judge can make any other order as they see fit (this is usually a possession order suspended upon payment of the monthly rent plus a monthly contribution towards the remaining arrears).

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 Our fees are:

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• £900 (estimate of our fees)

• £355 (Court fee)

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Once you have received the Possession Order from the Court, you cannot simply enter your property should they fail to vacate. You must thereafter instruct a bailiff to regain possession, the estimated costs for this are as follows:

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• £90 +VAT (estimate of our fees)

• £130 (Court fee)

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Other breaches of the occupation contract

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There are other grounds upon which you can terminate the occupation contract i.e., the Contract-Holder displays anti-social behaviour, and more. Such grounds for possession are usually discretionary. To discuss the merits of your potential claim in more detail, please contact our offices to book an initial appointment with Miss Farr, on 01492 588200.

 

 

Recovering Costs from Your Contract-Holder

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Costs in Possession matters are usually fixed, meaning that you may only be able to recover your court fees plus a small contribution of around £69.50 towards our fees. If you have a clause in your contract that entitles you to your costs, you may be able to argue that there should be a departure from the fixed costs regime, and you should get your costs in full; however, this is not guaranteed.