List of Fixed-Fees Part of Landlord Action terms of business
We try to take the surprises out of legal action and below is a good explanation of what a landlord can expect. These fees apply if the tenancy is let on an assured shorthold tenancy (AST) to tenants who are resident in the property and they’re fixed because almost these actions generally run to a set process. There are some actions that need extra work and those fees are listed here too. VAT is included. Court fees do change from time to time.
Section-8 / Section-21 Notice
£288. Setting up file, assessing paperwork, advice, drafting and serving straightforward notice by post on tenant (if paperwork is in order). See non rent related section 8 and check and review options below.
Both Section-8 and Section-21 Notice
£354. As above but for rent related s8 and a s21 notice.
Non Rent Related Section-8 Notice
£354 (£288 +£66).A s.8 notice can include grounds other than the rent related ones – if these are required extra work is required to draft them – the fee is an extra £66 for each ground.
£90.If the landlord’s address has changed or was not provided in the tenancy or on any documentation to the tenant then a section-48 notice must be served before a notice can be served.
£90.If property was bought by a new landlord and is occupied by a tenant who wasn’t told correctly, a section-3 notice and letter must be served on the tenant before a section-8 notice can be served.
Both Section-48 and Section-3 Notice
Not proceeding after initial instruction
£35 (admin fee). If you instruct us and we set up a file but you do not respond to reasonable requests for information or decide not to proceed (the balance of any fee you have paid will be refunded).
£240 (review fee). If we provide you with a full step 1 review but are unable to serve a notice for you or you decide against serving the notice.
Check and review
£480. If the tenancy is not an assured shorthold tenancy so requires a notice to quit or there are complicated matters such as guaranteed rent or subletting or you would like us to take over a file then the matter will need a full check and review. If a notice can be served based on the information provided during the check and review then this will done under instruction from the landlord. You will always be advised on the best course of action and given an estimate of likely fees for gaining possession of your property.
Step2 Standard AST case
(where Landlord Action drafted the notice)
These are the most common cases. The all-inclusive fixed-fee covers checking the file, case preparation, court fee, advocate where needed and VAT.
Section-21 Accelerated Procedure £975.
Section-8 and Section-21 claim £1,050.
Section-8 paper claim or Section-21 Non-Accelerated Procedure £1,400.
The standard section-8 or section-21 accelerated procedure cannot be used if your case doesn’t comply with the rules (eg: change of landlord, missing agreement, oral tenancy) so requires a court hearing. Extra preparation is required and an advocate will attend the hearing.
Step2 Standard AST case
(where Landlord Action did not draft the notice)
This fee includes the above but is higher because we need to check the notice was served correctly before issuing the claim. If we cannot issue the claim after a review of the case then we will explain your options – the cost for this part of the service is £240 for one notice or £350 for two notices. If we cannot proceed directly to claim then we will either refund the balance of the below fee which is payable in advance. If a new notice needs to be served the matter goes back to Step 1 and those fees apply.
Section-21 Accelerated Procedure £1,150.
Section-8 and Section-21 claim £1,300.
Section-8 paper claim or Section-21 Non-Accelerated Procedure £1,600.
Non standard claim – price to be advised
If we are issuing a claim on a non-rent arrears s.8 notice such as anti-social behaviour or a notice to quit then we will discuss the price with you. There will be more work to issue the claim and there is also a higher likelihood that the matter will be defended. All defended work is charged on the fee earners hourly rate.
Step2 Special Case Extras
Some actions are required outside the standard action and fees to issue a claim. We discuss options with you before doing anything. Here we list of some of the things that could happen so that you’re not surprised by events.
£400. If your case is listed for a review hearing then we are required to put together a bundle of papers and draft a witness statement to assist with prioritisng your case
Separate guarantor’s agreement
£120. If we need to view extra documents to see that the guarantor’s agreement is enforceable (s.8 only).
Statement of Service
£72. If we did not serve your notice and you do not have a statement of service, we’ll need to prepare one for you to sign.
£350. If the tenancy agreement was changed orally, a document varies the agreement or the tenancy is missing, a witness statement is needed.
Landlord not attending hearing
£350. If the landlord cannot appear at a hearing or an agent will be representing the landlord, a witness statement must be drafted setting out the situation just prior to the hearing.
Over 2 years arrears
£350. If more than two years arrears are being claimed, a witness statement must be drafted (s.8 only).
Section-8 Non Rent Related witness statement
£TBC. If Section-8 proceedings include grounds other than rent related (grounds 8, 10, 11) a witness statement must be drafted and further evidence provided a cost will be provided to you depending on the complexity of the matter.
Process server witness attendance
£480. If a process server has to attend court as a witness.
Instructing a barrister
£TBC. If your case is complicated then we may advise that you require a barrister for the hearing rather than an advocate. The price will depend on the complexity of the case and seniority of the barrister instructed.
County Court Bailiff £325. Applying for a warrant of execution
and applying for a county court bailiff. Includes court fee.
High Court Bailiff £1,320. Apply to transfer up to High Court,
obtain order to transfer up and apply for a High Court Bailiff. After 1st hour, Bailiff is £90/hr.
Step3 Special Cases
Postponement of Eviction. If the tenant applies to stay or suspend the warrant, we can attend court and oppose application.£450.
Some actions are not always necessary and some compliance can be taken care of by landlords and agents themselves. When you decide that we should do these, there are extra fees.
Personal Service of Notice
Personally serving notice by a process server is not always needed but it can make some tenants realise the landlord is serious. Also, if the tenant does not leave and denies receipt of the notice the process server provides a certificate of service or witness statement to prove service.
London post codes £120. Outside London – price on request.
Proof of Title
£20. If landlord wants us to get this from Land Registry.Preparing Schedule of Arrears
£96. If the landlord prefers Landlord Action to do this schedule.
Deposit Scheme Compliance Check & Fix
£180. If landlord wants us to check that the landlord has complied with the regulations and suggest remedies where possible.
Company Let or Licenses
We can serve notices to quit (NTQ) on non assured shorthold tenancy agreements we generally charge £240 to check paperwork and serve the NTQ. If the matter is complex we
will advise you and explain your options and our too costs to
When fees may not be fixed
There are some cases with too many possibilities to be covered by fixed-fees. In these cases we will try to offer a new fixed-fee or tell you an hourly-rate and an estimate for pursuing the claim to a final hearing. You can decide if you want us to continue. If not, we will move the case to a solicitor of your choice, for no fee.
FIXED-FEES WON’T ALWAYS CONTINUE IF:
- The claim is defended by your tenant.
- A second hearing is required.
- There is a postponement of possession
If we don’t handle your case
If we have served your notice but you do not need us to for Step2 and you require a certificate of service or witness statement for service of the notice to be drawn up by us we charge a fee of £72.
If you win
If your possession claim succeeds, the Court will usually order your tenant to pay a fixed costs fee set out under the Civil
Procedure Rules. This fixed cost can change from time to time but regardless of what you have actually spent, the court will most likely award much less.
If you lose or discontinue
You’re likely to be ordered to pay the tenant’s legal costs, if any.
Precise Treatment Reduces Pain
Detail needs experts. Expert time is worth it when it saves you a costly mistake. Main objective: Get the property back. Best action: Very precise treatment.
We do this all day, everyday. We know it’s all about the detail. Detail needs experts.
If the tenant doesn’t leave at Step1, the notice had better be valid. Because then it has to go to court. Any little error can get a case thrown out. And you have to start all over again. Save time and money by letting us get it right first time.