Sadly as we predicted some time ago we are starting to see the impact of the Deregulation Act 2015 on claims for accelerated possession.
The accelerated possession claim process is meant to be a quick and easy way of landlords obtaining a possession order when this is all they are seeking. It can be used when a Section 21 Notice has been served and all the necessary paperwork is in order.
As most of our readers will be aware to now serve a valid Section 21 notice a wide range of hoops need to be jumped through. Whilst for some time one has had to demonstrate that deposits have been properly protected and if the property requires a licence this is in place, as a result of the Deregulation Act 2015 it has been necessary to have served various other items including an EPC and Gas Safe certificate (if relevant). Further as a result of the anti-retaliatory eviction provisions found at section 33 of the 2015 Act landlords rights to serve section 21 Notices when there have been allegations of disrepair have been curtailed.
We have seen over the past six months the courts becoming increasingly alive to these issues. Many courts as a matter of course are requiring landlords to address these points notwithstanding that the standard court form (an N5B) has not been amended to reflect these changes.
At PainSmith Solicitors we are alive to these issues and have been raising and requesting such evidence and proof with our landlords and their agents. However this has increased the amount of time and effort that is involved in preparing a claim for accelerated possession. We have endeavoured to maintain our prices for as long as possible but sadly we have now had to review our prices. Our price for a standard accelerated possession claim which is not defended and does not require any court attendance will now be £540 inclusive of vat (£450 plus vat) plus payment of the court fee, currently £355.
PainSmith offers fixed fee prices for all types of possession work and is always happy to provide a quote for any other work which any client wishes us to undertake. For more information please contact us.
