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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a property landlord with a tenant who I have given two

Resolved Question:

I am a property landlord with a tenant who I have given two months' notice under the terms of the contract. I don't think he will leave when he should and I will have to start eviction proceedings. If this is the case:

1. How long will it take to get him out of my flat?

2. What court will we use?

3. If I employ a solicitor, will I be able to claim legal costs against him?

4. How about if he leaves before the matter is heard, will I still be able to claim costs?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
Hi

If you have a written tenancy agreement and you are basing the possession claim on the fact that the fixed term has expired then you can use the accelerated possession procedure for possession. This is where there is no need for a court hearing and you can get a session a little bit quicker. It would probably take 2 to 3 weeks from date you submit your application to get an order and a further 28 days for possession after this.

If you cannot use the accelerated possession procedure then you will have to use the normal procedure and it would probably take 4 to 6 weeks before you get your order because I must be a court hearing. The tenant would remain liable for the rent until possession was obtained.

You can come into possession procedure here:

https://www.possessionclaim.gov.uk/pcol/

You would commence the action at county court.

You would be able to claim some of your legal fees but probably not the whole amount but your solicitor would actually end up changing.

If the possession claim is simple you may consider doing it yourself or perhaps watching what your solicitor does very closely so that you can do it yourself in the future.

If the tenant leaves before the hearing at court then you will not be able to claim your costs.

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Kind regards

Tom
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