When it comes to seeking possession of a property through the legal system, landlords in the UK must navigate a process that can be time-consuming and costly. One avenue available to landlords is the accelerated possession procedure, which allows for a quicker resolution compared to the standard possession route. However, it is important to be aware of the fees associated with this process, including the accelerated possession court fee.
The accelerated possession procedure is often used when a landlord is seeking possession of a property that is let under an assured shorthold tenancy (AST). This procedure is typically faster than the standard possession route as it does not require a court hearing. Instead, the case is decided based on the paperwork submitted by both parties.
To begin the accelerated possession process, the landlord must first serve a Section 21 notice on the tenant. This notice informs the tenant that the landlord intends to seek possession of the property once the fixed term of the tenancy has ended. The Section 21 notice must comply with certain legal requirements to be valid, including specifying a date after which possession is sought and giving the tenant at least two months’ notice.
After the Section 21 notice has been served and the requisite notice period has passed, the landlord can then apply to the court for an order for possession. This is where the accelerated possession court fee comes into play. As of 2021, the fee for submitting an accelerated possession claim online is £355. If the claim is submitted by paper, the fee increases to £355. The accelerated possession court fee is payable when the landlord submits the claim form to the court.
It is important to note that the accelerated possession court fee is in addition to any other costs associated with the possession process, such as legal fees or costs related to serving notices on the tenant. However, the streamlined nature of the accelerated possession procedure can make it a more cost-effective option for landlords who are seeking a swift resolution.
In some cases, landlords may be eligible for fee remission or a waiver of the accelerated possession court fee. This may be available to landlords who are in receipt of certain benefits or have a low income. Landlords should check with the court or seek legal advice to determine if they qualify for any fee exemptions.
Once the accelerated possession claim has been submitted to the court and the fee paid, the court will review the paperwork and issue an order for possession if all requirements have been met. The tenant will be given a period of time to vacate the property, usually around 14 days. If the tenant does not leave voluntarily, the landlord can apply to the court for a warrant of possession, which allows for the tenant to be evicted by bailiffs.
Overall, the accelerated possession procedure can be a useful tool for landlords who are seeking a quicker resolution to a possession issue. The ability to bypass a court hearing can save time and money, making it a more efficient option for landlords who need to regain possession of their property.
In conclusion, the accelerated possession court fee is an important consideration for landlords who are pursuing possession of a property through the accelerated possession procedure. Understanding the fees involved and any potential exemptions can help landlords navigate the legal process more effectively. By being aware of the costs associated with the accelerated possession procedure, landlords can make informed decisions about how to best proceed with their possession claim.