Property FAQs

This will depend on the grounds of possession to be relied upon, and which notice is served on the tenant. Sometimes, possession claims can take as little as three months, but if complications arise, it can take longer. Our property dispute solicitors would be happy to review your circumstances and have a free, no obligation conversation, during which we can propose next steps. costs and likely timescales.

This will depend on the specific terms and conditions incorporated into the contract. For sales, commission is typically payable following the exchange of a property being purchased by a buyer who has been introduced by the agent. For lettings, commission is typically payable after a tenancy agreement has been signed with a tenant who has been introduced by the agent. If you are unsure whether a fee is due, please contact us and we would be happy to advise. 

There is a procedure involving the service of a 'section 21 notice' which allows landlords to recover possession of their property even if rent is paid in full. However, there are caveats. For example, the process cannot be followed in the first four months of a tenancy, the notice can only be served to expire at or beyond the date of expiry of the contractual term of the tenancy, and there are various requirements that need to be met such as providing an EPC certificate, gas safely certificate, how to rent guide etc.

Our property litigation and dispute solicitors will look at your specific circumstances and advise you whether you are able to evict your tenant under the section 21 process. We will then help you take steps to serve a section 21 notice, and obtain possession of the property for you if you are able to do so.

Please note there is proposed legislation to abolish this procedure, but at the date of writing it is still in effect. 

It is normally possible to seek at least some of your legal costs from your tenant, under either the court rules, or, if you have a clause of your tenancy agreement that allows this. However, the level of costs you may claim depends on the wording of your tenancy agreement.

Ultimately, and whether a costs award is made, and what amount, is at the discretion of the Courts. We can help you by reviewing your tenancy agreement for you, and we will advise you as to what costs may be sought.