Once the pre-action protocol requirements have been followed and the deadline for the debtor to pay the outstanding balance has passed, if the debt still remains unpaid a money claim may then be issued to obtain a county court judgement (CCJ).

The money claim procedure does not usually involve a court hearing unless the claim is defended and or counterclaimed. If the debtor does not respond, you’ll obtain a default judgement (County Court Judgement) for the debt claimed. In some cases, debtors respond but do not defend or counterclaim the claim you make, they may propose a payment plan affordable to them which you may agree to, counter offer or decline.Once the judgement is obtained you may then enforce that judgement, this can be done by different methods which you find on our Enforcement page.

If you want to issue a money claim for rent arrears, but the tenant still resides in your property, you should read our section 8 page, as there is a procedure under which you can seek a possession order to evict your tenant and claim for any debt owed under the tenancy at the same time.

We offer a fixed fee for money claims which is £299 + The court fee. The court fee to issue a money claim differs depending on the amount claimed for, a list of the court fees are below, the online claim is more time and cost effective but cannot be used where the debt exceeds £100,000.

residential tenant eviction service
Possession claim procedure for eviction

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FAQs

Why are you different to other firms?

We aren’t just an eviction company, we specialise in property law and our impartial advice can prove the same beyond doubt. We lead the way with evictions Nationally because of our knowledge and success in helping landlords and agents.

Can I evict the tenant if I lost my agreement?

Yes you can still evict your tenant in the absence of a written tenancy agreement, we will assess the arrangements between the parties to determine the type of tenancy in order to serve the correct notice, the tenancy will likely be the default tenancy agreement which is an Assured Shorthold Tenancy Agreement.

I live abroad, can you still handle my case?

Yes, we deal with many overseas landlords and gain possession of their property in their absence and keep them up to date through the process. We can even secure the property after the eviction.

How can you guarantee an eviction?

Our expertise and knowledge in property law allows us to guarantee landlords and agents eviction. In most cases it is a matter of legal compliance and accuracy which determines if we can guarantee if eviction. Where legal compliance has been an issue for the landlord we will advise and assist comply with relevant legislation to enable a successful eviction.

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