3 Years Running: Buy-To-Let Legal Services Award
No tenancy agreement?
Deposit not protected?
Property is sub-let?
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We look for your ex-tenants.
We apply for court orders.
We help enforce them.
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The Ministry of Justice has proposed to charge 5% of the value of the claim to all court cases worth more than £10,000, which it estimates will bring in an extra £120m a year. A further consultation has also opened on extra charges for possession claims and general applications in civil proceedings. Possession claim fees will rise by £75, which the fee for general applications will go up from £50 to £100 for applications made by consent and from £155 to £255 for contested claims. These increases will apply equally to all applicants.We at Landlord Action are absolutely opposed to each and every one of the justifications given by the Ministry of Justice for enhanced court fees.Our responses to each of these are details as follows:-
Consultation Justification: The fee remains low, compared to the overall costs of litigation;
Landlord Action Response:The market place for practitioners carrying out possession claims is extremely competitive. As a result you will often find that the court fees exceed the amount paid for the practitioner for carrying out the legal work. More often than not, the court fee will make up approximately 50% of the overall cost of litigation.
Consultation Justification: Costs are recoverable from the opponent in successful proceedings;
Landlord Action Response: In 99% of cases the costs are not recoverable because:-The money order granted by the court is not a registered County Court Judgment. In order to make it a registered CCJ, the Claimant has to issue recovery proceedings which will involve further expense including court fees The defendant often has no money or any means of paying.
Consultation Justification: Claims can be brought under conditional fee arrangements.
Landlord Action Response:This only works if costs are recoverable.
Consultation Justification:Fee remissions are available to those who qualify.
Landlord Action response:Very few landlord claimants qualify for fee remissions.
Landlord action was set up by landlords for landlords with problem tenants. That is, tenants who are in rent arrears or break some other part of a tenancy agreement. Landlord & tenant law is a specialist area and we found solicitor charges were too much and too vague. When you have a bad tenant you want to evict them fast. Any landlord would want a bad tenant out. they want advice and help with the law. And that's what we do. We are experts in this area and unlike solicitors, we only act for landlords, never tenants. And we'll help recover the outstanding rent. Our free advice line is open to all landlords and we have carried out thousands of evictions.