Eviction Fees....and also dirty furniture

theoldcastle

Have now been sent a form from my LL which shows that he is seeking to claim possession under accelerated procedure, they have sent the cost of this at nearly £2000 ! is this the average ? And do I have to pay all of these costs ?

Also when I moved in to the property there were different landlords (the property was sold a year ago ) but when I originally moved in the two sofas that were here were really dirty, I put on covers to hide this, but when I do get evicted they may think that I made them dirty and then will be charged for their cleaning, how can I convince them they were like that when I first came here ?
Theoldcastle

BitterAndTwisted

Where is the dual-signed inventory when you took on this tenancy?

theoldcastle

There was no inventory ...........

teeni

Costs will be awarded against you if the landlords possession order is granted , but the costs have to be reasonable and the court will consider the breakdown of costs when making the order. To be honest what else is included in those costs has there been a lot of correspondance. Usually costs average out at about £250 -£300 but I have had many cases where the costs have been in excess of £2000 and those costs have been awarded. Unless you can pay them in full make sure you complete the section of the defence form asking for your financial information and make an offer you can afford for the court to consider or you will find you will have an order to pay the costs in 28 days.
Just wondering are there rent arrears that the landlord has not included as he may take seperate action against you for that in the small claims court( if value under 5K He cant use the accelerated procedure oif he is claiming rent arrears.

Many landlords prefer to do this as there is no need for a hearing and it speeds the possession process up a lot.

teeni

theoldcastle wrote: »

There was no inventory ...........

IF there is no inventory then there is no evidence of the state of the furniture when you moved in , so no deduction should be made. Is the deposit with a tds if so challenge any attempt to claim and you should win.

theoldcastle

Hi Teeni
There are no rent arrears, the court fee is £175 and included in the pack the LL has sent is the tenancy agreements,and land registery documents which show the sale of the property, then the register of title. And yes the deposit is in the scheme.
Out of interest, how much quicker is the accelerated possession compared to the normal hearing ?

PheoUK

What grounds is he seeking possession under? IS it Section 21 - No Fault? If so, I'm not 100% sure he can charge you the fees for this (Seems rather unfair that he decides to take possession and charge you for the privilege - unless you are refusing to leave?). If it is other grounds please let us know.

WRT to the property state - he needs to produce a dual signed inventory otherwise he will find it difficult to prove the state of the property prior to moving in - it'll be his word against yours. However I would be expecting this to have been submitted to the relevant deposit scheme as a claim against the deposit, not directly to the court... usually these things go through arbitration first.

It would be helpful if you could explain the history of the tenancy/relationship on a timeline to the current day.

Benji

With regard to the dirty sofas - I agree with the other posters, if landlord attempts to charge you for cleaning, dispute. I know you say your deposit is protected, but it wouldn't harm you to check that it is STILL protected as the original landlord may have let insurance-based protection lapse.

With regard to the court costs etc.

It is certainly possible for the landlord to claim the £175 court fee, but it is by no means automatic. As a landlord myself, I agree with PheoUK that it is a bit of a cheek expecting the tenant to pay when all you are doing is requiring that the landlord follows due legal process to evict you. It is your right to expect the landlord to follow the law.

With regard to the extra fees - Hmm. I have looked at companies that advertise fixed fee evictions and have never come across one that charges more than £1k + vat for the full package. IMHO there is no need to employ solicitors etc for this, so anything over the £175 court fee could be considered excessive. I would post on the SWARB forum to solicit their opinions on £2k court fees for an s21 (which probably won't even involve a court hearing). SWARB can be a bit elitist, not quite so pally as on here, but they do know their stuff.

Are there any grounds for defending possession - ie is the s21 legit? Because if all you are doing is delaying the inevitable then it may not be worth the risk of those court fees - £175 may be required toward your next deposit.

theoldcastle

Ok, LL increased rent at the previous 6 month renewal, ( March 2011) which I duly paid. Then when the new 6month contract was due ( Sept 2011 ), they just sent me the section 21, I rang them up and said I wanted to renew for the next 6 months but they said the rent was again going to be increased, this is when I said I couldnt afford the new increase and would pay the current rent. I also told them that I couldnt leave as had nowhere to go, hence the accelerated possession order. The section 21 was sent at the correct date 2 months prior to the end of tenancy so yes it would be under the refusal to leave. I am on disabilty so should I say that to the courts when they ask about the fees being paid within 2 weeks ?

RAS

What action have you taken to find alternative accomodation?

theoldcastle

I have been in touch with the local authority regarding my situation, they told me I have to go back to them when I get the possession order and will be put into BB.