Real Property Disputes

• Section 21 Court Proceedings 
• Lease disputes including disputes under long leases, commercial leases, residential leases or Assured Shorthold Tenancies
• Boundary disputes
• Disputes in respect of the purchase of property, including  misrepresentation
• Lease renewals/disputes under the Landlord and Tenant Act 1954
• Non-Boundary disputes between joint owners
• Repossession of property including evicting squatters
• Recovering rent, service charge and insurance premiums
• Enforcement of covenants in leases
• Dilapidations claims during or at the end of your tenancy
• Rent reviews
• Disputes regarding ownership of land/adverse possession

We will always give you clear sensible and commercial advice and will try to effect a compromise for you but if litigation is necessary we can act for you in such litigation

Section 21 Court Proceedings 

Dealing with tenants who refuse to vacate your property after being served a Section 21 notice can be a stressful and frustrating experience. Our Section 21 Court Proceedings service offers landlords a straightforward and legally sound solution to regain possession of their property, ensuring the eviction process is as smooth and efficient as possible.

Section 21 Notice

Section 21 of the Housing Act 1988 allows landlords to reclaim their property without providing a specific reason, often referred to as a “no-fault” eviction, once the tenancy or fixed term has expired. If the tenant fails to vacate the property after receiving a Section 21 notice, the landlord can make an application to the Court for a possession order.

Section 21 Court application for a possession order

Upon instruction, all necessary documentation is prepared, and we file the claim with the Court. 

The Court typically notifies the tenant within 14-20 working days, giving them 14 days to respond or file a defence. If no response is received, the landlord can request the Court to issue a possession order without a hearing. 

If a defence is filed, the Court may schedule a hearing to resolve the dispute. 

However, if possession order is granted without a hearing, the tenant must vacate the property and pay any associated costs. 

The Court will usually order that the tenant must leave the property within 14 days after the date the Court grants the possession order.  However, if the tenant can demonstrate that they are in exceptionally difficult situation and will not be able to move into alternative accommodation immediately, the Court may agree to delay possession for up to 6 weeks from the date of the possession order.

The entire process generally takes 8 to 12 weeks, depending on the Court’s workload and any defences submitted by the tenant.

If a defence is file and the Court schedules a hearing

The issues which can arise with a Section 21 application resulting in the Court scheduling a hearing include:

• The Section 21 Notice is not valid.
• There are errors in the claim form.
• The landlord has not included all the required documents (Gas Safety, EPC and Deposit Certificate).
• The landlord has not complied with statutory requirements, for example, protecting the Deposit and obtaining a Tenancy Deposit Certificate prior to the start of tenancy.

A Landlord should therefore only serve a Section 21 Notice if all the documents are in order and were served on the tenant properly at the start of the tenancy.

Our Process

1. Section 21 Notice: We will prepare and serve a Section 21 Notice.
2. Serving Notice: Once a Section 21 notice has been served, we will handle the necessary steps if the tenant does not vacate the property.
3. Document Preparation: We will ensure that all required documents are meticulously prepared and filed to present a strong case in Court. We ensure everything is legally compliant and ready for submission.
4. Court Proceedings: Within 14-20 working days, the Court will issue the claim, giving the tenant 14 days to respond. If the tenant should not file a reply within the required time period, we can request a possession order without the need for a Court hearing.
5. Handling Disputes: If the tenant contests the claim, our experienced legal team will represent you in Court, ensuring your case is presented effectively.
6. Possession Order: Once the Court grants the possession order, the tenant will be legally required to vacate the property within 14 or a maximum of 6 weeks if the tenant can demonstrate hardship in finding alternative accommodation, and may also be required to cover any associated costs.

Why Freemans Solicitors?

• Expert Legal Compliance: We stay up-to-date with the latest UK eviction laws, ensuring that your Section 21 proceedings are fully compliant from start to finish.
• Seamless Service: We manage the entire process, from serving the notice to representing you in Court, so you can regain possession of your property with minimal stress.
• Quick Resolution: We understand the urgency of the situation, which is why our process is designed to move quickly and efficiently.
• Clear Pricing: Our fees are transparent, covering all Court and solicitor costs, so you know exactly what to expect without any hidden fees.
• Professional Advocacy: Whether your case is straightforward or contested, our legal team will advocate on your behalf, protecting your interests every step of the way.

Our Charges

• £2,000.00 plus VAT (£2,400.00 inclusive of VAT) for an uncontested Section 21 Court application plus disbursements including Court fees to issue the proceedings and Bailiff fees if a Bailiff is required to enforce the possession order by attending the property to evict the tenant and secure possession of the property.
• If the application is contested and the Court should schedule a hearing to resolve the dispute, our fees will be charged on the time we spend dealing with the matter from date we receive notification of the hearing date up to the conclusion of the matter.  The costs of a contested claim are likely to be in the region of in the region of £4,000 to £6,000 plus VAT (including disbursements such as Counsel’s fees for appearing for you at any hearing and Bailiff fees if required to enforce the possession order).
• Reach out to us today to begin the Section 21 Court Proceedings and take the first step toward reclaiming your property.

At Freemans Solicitors, our specialist team of dispute resolution solicitors offer a cost-efficient service backed by exceptional knowledge and top-level representation, all with the core aim of resolving your differences in the swiftest, most amicable and efficient way possible.

To talk through your matter in confidence with one of our friendly Dispute Resolution solicitors, please contact our specialist lawyers on 020 7935 3522 or by clicking on the ‘How can we help?’ icon at the top of this page.