When a landlord seeks to regain possession of their property from a tenant in England and Wales, they may opt for an accelerated possession procedure to expedite the process. However, there are costs associated with this method, including the accelerated possession court fee. In this article, we will delve into the details of this fee and its implications for landlords.
The accelerated possession court fee is the cost incurred by landlords when applying for an accelerated possession order through the court system. This fee must be paid at the time of submitting the application and is separate from any other expenses related to the eviction process. As of 2021, the fee for an accelerated possession application in England is £355.
It is important to note that the accelerated possession court fee is non-refundable, regardless of the outcome of the application. This means that landlords must be certain that they meet all the legal requirements for obtaining an accelerated possession order before proceeding with the application to avoid losing the fee.
One of the main benefits of the accelerated possession procedure is its speed compared to the standard possession process. When a landlord applies for an accelerated possession order, the case is typically heard by a judge based on the written submissions without the need for a hearing. This can significantly reduce the time it takes to regain possession of the property, making it an attractive option for landlords looking to resolve disputes quickly.
However, the accelerated possession court fee can be a deterrent for some landlords, especially those operating on a tight budget. In addition to the court fee, landlords may also incur other costs such as legal fees, serving notice on the tenant, and potentially hiring a bailiff to enforce the possession order. It is essential for landlords to factor in all these expenses when considering the accelerated possession procedure.
For landlords who are unable to afford the accelerated possession court fee, there may be options available to help cover the cost. Some landlords may be eligible for fee remission if they meet certain criteria, such as being in receipt of certain benefits or having a low income. It is advisable to seek legal advice or guidance from a professional to explore all available options for reducing the financial burden of the accelerated possession process.
In some cases, landlords may choose to recover the accelerated possession court fee and other related expenses from the tenant as part of the eviction process. However, it is crucial to ensure that any costs passed onto the tenant are legally permissible under the terms of the tenancy agreement and are in accordance with the law. Landlords should also be mindful of the potential impact on their relationship with the tenant and consider alternative dispute resolution methods where possible.
Ultimately, the decision to proceed with an accelerated possession application and pay the associated court fee rests with the landlord. It is essential to weigh the costs and benefits of this approach carefully and consider all available options before taking action. Seeking advice from legal professionals or landlord associations can help landlords navigate the complexities of the eviction process and make informed decisions that are in their best interests.
In conclusion, the accelerated possession court fee is an unavoidable cost for landlords seeking to regain possession of their property through the accelerated possession procedure. While this fee may be a financial burden for some landlords, it can offer a quicker resolution to disputes with tenants. By understanding the implications of the accelerated possession court fee and exploring potential fee remission options, landlords can navigate the eviction process more effectively and achieve a successful outcome.