Letter of Forfeiture Proceedings

Letter of Forfeiture Proceedings: Reclaim your property and arrears

When a tenant disregards a Letter of Forfeiture and fails to remedy a lease breach, pursuing legal action may be the only way to reclaim your property and recover outstanding debts. Our Letter of Forfeiture Proceedings service is designed to assist landlords in navigating the legal process, ensuring that your property rights and financial interests are fully protected.

If the tenant fails to clear arrears or resolve any breach of contract as outlined in the Letter of Forfeiture, we can initiate court proceedings to secure possession of the property and seek a monetary judgment for the rent arrears and legal costs. Upon receiving your instruction, we will prepare all necessary documentation and instruct our solicitors to file the proceedings and obtain a hearing date from the County Court. You will be notified of the hearing date within 14 working days, typically set for 8-12 weeks in the future. At the hearing, we will appoint an advocate to represent you in securing an order for possession, arrears, and costs. Once the possession order is granted, the tenant will generally have 14 days to vacate the property, after which we can instruct bailiffs to enforce the eviction if necessary.

Please note that timelines may vary based on court workload or if the tenant files a defence to dispute the claims.

What is the Letter of Forfeiture Proceedings Service?

Our Letter of Forfeiture Proceedings service involves initiating legal action when a tenant fails to address a lease breach as specified in a previously served Letter of Forfeiture. This process seeks a possession order to legally reclaim your property and pursue a monetary judgment for any rent arrears and associated legal costs. We handle all aspects of the proceedings, from preparing the necessary documents to representing you in court, ensuring a smooth and efficient resolution.

How the service works

Preparation of Documentation: Once you instruct us, our legal team will prepare all necessary documents to initiate court proceedings, ensuring your case is thorough and legally sound.
Issuance of Proceedings: We instruct our solicitors to file the court proceedings, requesting a possession order, recovery of arrears, and legal costs. A hearing date will then be requested from the County Court.
Hearing Date Notification: You will be notified of the hearing date within 14 working days. The hearing itself is typically scheduled 8-12 weeks after filing, depending on court availability.
Court Representation: At the hearing, we ensure an experienced advocate represents your interests, aiming to secure an order for possession, arrears recovery, and reimbursement of legal costs.
Enforcement of Possession Order: Once the possession order is granted, the tenant usually has 14 days to vacate the property. If they do not comply, we can instruct bailiffs to carry out the eviction.
Legal Compliance: Throughout the process, we ensure full compliance with UK property law, safeguarding your rights and minimizing risks.

Why work with us?

Expert Legal Support: Our team specializes in property law, providing the expertise needed to navigate the complexities of forfeiture proceedings.
Comprehensive Service: From initial documentation to court representation, we manage every aspect of the legal process, allowing you to focus on other priorities.
Prompt and Efficient: We understand the urgency of resolving lease breaches, so we prioritize swift action and maintain clear communication throughout the proceedings.
Transparent Costs: Our fees cover all necessary legal steps up to the first court hearing, so you know what to expect with no hidden charges.
Successful Outcomes: With experienced advocates representing you, we aim to secure favorable outcomes, including possession orders, arrears recovery, and reimbursement of legal costs.

FAQs

When should I use this service?

This service is necessary if your tenant has failed to remedy a lease breach following the issuance of a Letter of Forfeiture, and you need to pursue legal action to reclaim your property and recover arrears.

How long does the court process take?

After filing the proceedings, a hearing date is typically set within 14 working days, with the hearing itself scheduled 8-12 weeks later, depending on court availability.

What happens if the tenant contests the possession order?

If the tenant files a defence, the case may be delayed, but our legal team will represent you in court to ensure your case is presented effectively and to seek the desired outcomes.

How long does the tenant have to vacate after a possession order is granted?

The tenant usually has 14 days to vacate the property once the possession order is granted. If they fail to do so, we can instruct bailiffs to enforce the eviction.

Can I recover both arrears and legal costs through this process?

Yes, our service includes seeking a monetary judgment for rent arrears as well as recovery of legal costs associated with the court proceedings.

How is a Letter of Forfeiture different from Section 8 or Section 21 notices?

A Letter of Forfeiture specifically addresses breaches of a lease agreement, allowing landlords to forfeit the lease if the breach is not remedied. Section 8 is used for specific grounds under the Housing Act 1988, such as rent arrears, while Section 21 is a "no-fault" notice used to regain possession at the end of an assured shorthold tenancy.

Customer Testimonial

At Helpland, we are dedicated to providing exceptional service and ensuring your peace of mind. As a small business, we understand the significant impact of customer reviews. To help you feel confident in choosing us as your service provider, we have shared some of the feedback from our satisfied customers.

We assessed our legal providers a year ago and discovered Helpland for section 8 and 21 notices. We've partnered with them ever since and wholeheartedly endorse their services.

Operations Director - Foxtons

Letter of Forfeiture Proceedings