When a landlord is faced with a difficult tenant who is not paying rent or causing damage to the property, they may need to seek possession of the property through the courts. One option available to landlords in England and Wales is to use the accelerated possession procedure, which is a quicker and more streamlined process for obtaining possession of a property without the need for a court hearing. However, landlords should be aware that there are certain costs associated with this procedure, including the accelerated possession court fee.
The accelerated possession court fee is a fee that landlords must pay when applying for possession of a property using the accelerated possession procedure. This fee is in addition to any other costs that may be incurred during the possession process, such as legal fees or court costs. The current fee for submitting an accelerated possession claim is £355 for online applications, or £355 if using a paper application.
It is important for landlords to be aware of the accelerated possession court fee and budget for this cost when considering taking legal action against a problem tenant. Failure to pay the fee may result in delays or even the dismissal of the possession claim, so it is crucial to ensure that all necessary fees are paid in a timely manner.
In some cases, landlords may be able to recover the accelerated possession court fee from the tenant as part of the costs of the possession proceedings. However, this will depend on the circumstances of the case and whether the court decides to award costs against the tenant. Landlords should seek legal advice to determine their rights and obligations regarding costs in possession proceedings.
The accelerated possession procedure is designed to provide landlords with a quicker and more efficient way of obtaining possession of their property. Unlike the standard possession procedure, which can take several months to complete and requires a court hearing, the accelerated possession procedure is typically completed within a few weeks and does not involve a hearing.
To use the accelerated possession procedure, landlords must first serve a valid section 21 notice on the tenant, giving them at least two months’ notice to vacate the property. Once this notice period has expired, landlords can then apply to the court for possession using the appropriate forms and paying the necessary fees, including the accelerated possession court fee.
After the possession claim has been submitted to the court, the tenant will have the opportunity to respond to the claim within a specified period. If the tenant does not challenge the claim, the court will usually grant possession to the landlord without the need for a hearing. However, if the tenant does challenge the claim, the court may need to hold a hearing to determine the outcome of the case.
It is important for landlords to follow the correct procedures and comply with all legal requirements when using the accelerated possession procedure. Failure to do so may result in delays or the dismissal of the possession claim, which can be costly and time-consuming. Landlords should seek legal advice to ensure that they are following the correct procedures and fulfilling all necessary requirements when pursuing possession of their property.
In conclusion, the accelerated possession court fee is a necessary cost for landlords seeking to regain possession of their property through the accelerated possession procedure. Landlords should be aware of this fee and budget for it accordingly when considering taking legal action against problem tenants. By following the correct procedures and seeking legal advice where necessary, landlords can navigate the possession process successfully and regain possession of their property in a timely manner.