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FAQs
- What notices do you serve on my tenant? (Step 1)
- How long does it take to get the tenant into court? (Step2)
- What do I do on the day of my court hearing?
- What happens if my tenant doesn't turn up at court?
- What happens if my tenant does turn up at court?
- What happens once I get a court order?
- How long does it take to get a bailiff? (Step3)
- What do I do on the day of my bailiff date?
- What about all the money I am owed can I recover it?
- Do I need to pay stamp duty on my tenancy agreement?
- How do fixed fees work?
We can serve many types of notices, the most common are:
- Section 8 notice - a notice that tells the tenant he has 14 days to pay his rent or claim under grounds for nuisance, noise or breach of tenancy.
- Section 21 notice - this is a two-month notice that tells the tenant you are ending his agreement.
Normally it will take 6-10 weeks to get the court order, London courts can sometimes take a little longer.
We will inform you of the name of your advocate and you will meet them at the court.
Please bring:
- Your file of papers to the court with a stamped tenancy agreement
- An up to date schedule of exactly how much rent you are owed.
The judge should award you an order in their absence.
This may mean that your tenant is putting in some form of defence, and the case may be adjourned for about a month. If the case is defended, you will have to pay £500.00 on account to our lawyers who will deal with the defence and provide another barrister for a new hearing date.
The tenant should leave by the date set by the court (normally 14 days) if not we need to go to step 3 and apply for the bailiff.
Normally it will take 6-10 weeks to get the bailiff to the property; you can only use the court bailiff.
Please note: sometimes the London courts can take a little longer)
We advise you to get to the property at least 30 minutes before the time set by the bailiff, try and get a locksmith to meet you there to change the locks.
This depends on whether the tenant has any money or not. If the tenant is claiming housing benefit, it is very unlikely you will receive any money. If you think your tenants have money we can pass your details onto our debt collectors who may be able to track the tenant and collect the debt, there are more costs involved for this.
If the rental income on your tenancy agreement is more than £5000.00 and began before December 2003, you are liable for government stamp duty. Please call 0845 603 0135 and they will tell you the amount due. You can also file stamp duty online, click here for more information.
Most cases are not defended by the tenant so our costs are fixed. In about 7% of cases, usually because the landlord has done something wrong, the tenant puts in a defence. It is not possible for us (or anyone) to fix a fee for these cases because they are open-ended. When this happens, our solicitors will continue at favourable rates or we will move the case to a solicitor of your choice, at no charge.
