Court Proceedings

We can issue proceedings based on the Notice we advise you to serve and manage the process through to a possession order being made in the County Court. Based on a Section 8 Notice using rent arrears as the ground for possession being granted by the Court, we will | 

  • Check all your documentation
  • Draft the correct form of application for you
  • File this application with the correct county court 
  • Manage the court date (which will usually be at least 5 weeks from submitting the claim) 
  • Update the court with any evidence needed for the hearing
  • As the court hearing approaches, we will arrange for full representation for you 
  • We expect in most cases that the judge will grant a 14-day possession order, combined with a judgment for the amount of arrears owed to you which will include court costs and fees
  • We will seek permission for the case to be transferred to the High Court for enforcement. This will help you as we then control the eviction timetable and can get you the soonest possible eviction date 14 days after a Notice of Eviction is served on your tenant

 

Our charges for this service are £999.00 plus VAT and court fees of £355.00. You can pay the total amount of £1553.80 through this link on our website. The only charge you may have to pay is £350 plus VAT for us to manage the hearing, prepare the paperwork and instruct a legally qualified agent to attend at the tenant’s court to deal with the hearing before the District Judge. 

Where your claim meets the criteria of an “Accelerated Claim for Possession” under Section 21 or what is often referred to as a “No Fault or Arrears” Application we will 

  • Draft the application for you
  • File the application for possession including the “magic wording” for any order to be enforced in the High Court
  • The Tenant will then have 14 days from when the application is served to file a Defence 
  • The tenant’s Defence will determine whether the judge requires a hearing**
  • We will then request judgment and the case will go before a judge to make the order 

In most of our cases, landlords are awarded a 14-day possession order which will include the “magic wording” to transfer the County Court Order for Possession to the High Court for enforcement thus reducing any delay in getting an eviction date from the county court bailiff.

If you already have a County Court Possession Order which does not clearly state in the wording on the Order itself that you can transfer the enforcement process to the High Court, then we can help you with this.

Go to this page on our website for link to buy this service here .  The total cost for this solution is £706.80. Many landlords come to us asking for this service and we help them prepare the type of the response that the District Judge wants to see. If you would like to chat with us before instructing us then please visit our website at www.shergroup.com .

Please note | Depending on the tenant’s circumstances the court can award a maximum of 42 days period of grace between making an order for possession and the start of the enforcement process if there is a finding that your tenant is suffering hardship. Again, our charges for this service are £999.00 plus VAT and court fees of £355.00 – you can pay the total amount of £1553.80 this link on our website. The only other charges you may have to pay are £600 plus VAT if we need to draft a Witness Statement responding to a tenant’s Defence and £300 plus VAT for us to instruct an agent to attend at the county court to deal with the hearing before the District Judge. If we need to take this step your Business Solutions Advisor will contact you and invite you to make a further payment by way of bank transfer. 

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Last updated | 19 July 2023

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