When landlords encounter problems with tenants who refuse to vacate a property after their tenancy has ended, they may need to seek an accelerated possession order through the court. This legal process allows landlords to regain possession of their property quickly and efficiently. However, one aspect of seeking an accelerated possession order that landlords should be aware of is the court fee associated with the process.
The accelerated possession court fee is a cost that landlords must pay when they submit their application for an accelerated possession order. This fee is in addition to any other costs associated with the eviction process, such as legal fees or court costs. The current fee for filing an accelerated possession order in England and Wales is £355, as of 2021. This fee is subject to change, so landlords should check the latest fee schedule before submitting their application.
It is important for landlords to understand the purpose of the accelerated possession court fee and how it is used. The fee helps cover the administrative costs of processing the landlord’s application for an accelerated possession order. This includes reviewing the application, scheduling a hearing, and issuing the possession order if the court determines that the landlord is entitled to possession of the property.
Landlords should be aware that the accelerated possession court fee is non-refundable, regardless of the outcome of the application. This means that even if the court does not grant the possession order, the landlord will not be able to recover the fee. As such, landlords should carefully consider whether pursuing an accelerated possession order is the most appropriate course of action before submitting their application and paying the fee.
While the accelerated possession court fee may seem like an additional expense for landlords, it is an essential part of the eviction process. Without the fee, the court would not be able to effectively process and review applications for accelerated possession orders. By paying the fee, landlords are helping to ensure that their application is properly considered and that they have the best chance of regaining possession of their property in a timely manner.
Landlords should also be aware that they may be able to recover the accelerated possession court fee from the tenant as part of the overall costs of the eviction process. If the court grants the possession order and orders the tenant to pay the landlord’s costs, this can include the court fee as well as any other expenses incurred during the eviction process. However, landlords should consult with legal counsel to understand their rights and options for recovering costs from the tenant.
In some cases, landlords may be eligible for a fee waiver or reduction for the accelerated possession court fee. This could be available for landlords who are on a low income or receiving certain benefits. Landlords should check with the court or seek legal advice to determine if they qualify for a fee waiver or reduction before submitting their application.
Overall, the accelerated possession court fee is an important part of the eviction process for landlords seeking to regain possession of their property quickly. While it may be an additional expense, it is necessary to cover the administrative costs associated with processing the application for an accelerated possession order. Landlords should be aware of the fee, understand how it is used, and consider their options for recovering costs from the tenant before pursuing an accelerated possession order.