Property Recoveries

At Spratt Endicott we know that property recovery and the associated disputes are difficult and a growing problem for letting agents, property managers and landlords, and we are determined to make each process easier, quicker and more cost-effective for all our clients.

Our dedicated Property Recoveries Unit possesses the specialist expertise and technology necessary for the successful recovery of your property, and collection of rent arrears.

Clients using our Three Stage Possesion Process service receive the following benefits:

  • Expert advice from our trained team
  • Cost-effective fixed fees
  • State of the art technological support
  • 24/7 online access, letting you follow your case in real-time

The Three Stage Process

Our specialist Property Recoveries and ​Disputes Unit has designed a simple fixed price three stage Possession Process.

Click on the stages below for more information on the ​procedures and costs involved:

  • Stage One - Advising, Preparing and Serving Section 8 and/or Section 21 Notices

    The eviction process is initiated by serving the appropriate notice advising your tenant that you intend to take back possession of the property.

    There are two main types of notice:-

    • A Section 8 Notice, or notice seeking possession, is served where we are relying on one or more grounds (usually rent arrears) in Schedule 2 of the Housing Act (“the Act”) as the basis for gaining possession. If the eviction is due to rent arrears then the notice period given in the Section 8 Notice will be two weeks.
    • A Section 21 Notice, or notice requiring possession, is served where the priority is to obtain possession of the property. The Section 21 Notice requires us to provide your tenant with 2 months’ notice of your intention to take back possession of the property. It does not require you to show any “fault” on your tenant’s part.

    A Section 21 Notice can be served at the same time as, and as a “back up” to, the Section 8 Notice.

    Our fixed fee for serving a Section 8 or Section 21 Notice is £100 plus VAT for each notice.*

    *Fees are valid until 30 April 2018
  • Stage Two - Issue of Court Proceedings

    If the tenant fails to vacate or remedy the breach of the tenancy agreement relied on, the next step is to issue possession proceedings using either:-

    The standard possession procedure relying on a Section 8 Notice previously served.

    • Our fixed fee includes drafting and filing the possession claim at the Court and arranging for attendance at the possession hearing. The fixed fee is limited to one Court appearance and if the original hearing is adjourned, an additional fee would be payable. Because the possession claim is based upon one or more of the grounds in Schedule 2 of the Act (usually rent arrears) it is possible to include a claim for the arrears as part of the proceedings and to obtain a court judgment in relation to the arrears which can then
      be enforced.

    The fixed fee for dealing with a standard possession claim is £895 plus VAT.*  The fee is inclusive of the Court issue fee of £355 as well as the cost of our attendance/ instructing an agent to attend the possession hearing.*

    The accelerated possession procedure relying on a Section 21 Notice previously served.

    • Our fixed fee includes drafting and filing the accelerated possession claim and then the Request for Possession Order at Court. Because the Court is only being asked to consider whether a valid Section 21 Notice has been correctly served, there is generally no need for a possession hearing to be listed. This means that under the accelerated possession procedure, it is not possible for you to include a claim for rent arrears. There is no reason why a separate debt recovery claim could not subsequently be brought against the tenant, with which we would be happy to assist. Please note that in the unlikely event that the Court lists a possession hearing, an additional fee would be payable.

    The fixed fee for dealing with an accelerated possession claim is £825 plus VAT.* This fee is inclusive of the Court Issue fee of £355.*

    *Fees are valid until 30 April 2018

  • Stage Three - Obtaining a Possession Warrant

    If a possession order is made and the tenant fails to deliver up possession, it will be necessary to apply to the Court for a Warrant of Possession to enable a Bailiff’s eviction appointment to be scheduled.

    Provided that the possession process proceeds smoothly in either case, the timescale from issuing the possession claim to obtaining vacant possession of the property is realistically likely to be between 6 and 10 weeks. The standard possession procedure generally take slightly longer given that it necessarily involves the listing of a possession hearing.

    The fixed fee for undertaking this exercise is £206 plus VAT.* The fee is inclusive of the requisite Court fee of £121.*

    *Fees are valid until 30 April 2018

Defended Actions

A fixed fee would only be applicable in those cases where the tenant does not defend the Court action. In circumstances where the tenant defends and/or issues a counterclaim in the action, a fixed fee would not apply.

You would be given the choice of your case being continued by the firm having agreed a fee structure based on an hourly rate, or the case could be transferred to an alternative solicitor of your choice.

Getting in touch

To learn more about how our Property Litigation service can help you, please contact Kyle Wyness on 01295 204135 or email kwyness@se-law.co.uk

Contact us

Our Team

​Download our Property Recoveries Guide

Property Recoveries Guide