When it comes to obtaining possession of a property, landlords often turn to accelerated possession proceedings to speed up the process. This legal procedure allows landlords to regain possession of their property quickly without the need for a full court hearing. However, one key aspect that landlords must consider is the accelerated possession court fee.
The accelerated possession court fee is a fee that landlords must pay when they apply for accelerated possession proceedings through the court. This fee is in addition to any other costs associated with the eviction process. The current fee for accelerated possession proceedings is £355, although this amount is subject to change, so it’s essential to check the most up-to-date fees before proceeding with your application.
It’s important to note that the accelerated possession court fee is non-refundable, regardless of whether your application is successful or not. This means that you will not get your money back if your claim is dismissed or if the court decides to proceed with a full hearing instead of granting possession through the accelerated process.
Landlords must also ensure that they have followed all the correct procedures and served the correct notice on the tenants before applying for accelerated possession. If there are any errors in the paperwork or if the correct notice has not been served, the court may reject the application, and you will still be liable for the court fee.
It’s also worth noting that landlords can claim the court fee back from the tenant as part of the possession order if the tenancy agreement allows for this. However, this is not always guaranteed, and landlords may have to bear the cost themselves if the tenant is unable to pay.
In some cases, landlords may be eligible for fee remission if they are on a low income or certain benefits. This means that they may not have to pay the full court fee or may be eligible for a reduced fee. Landlords should check the eligibility criteria for fee remission and provide the necessary evidence to support their application if they believe they qualify.
If the court grants possession through the accelerated process, the possession order will specify a date by which the tenants must vacate the property. If the tenants fail to leave by this date, landlords can apply for a warrant of possession, which gives bailiffs the authority to evict the tenants forcibly.
It’s essential for landlords to keep in mind that even if possession is granted through the accelerated process, the tenants may still have the option to apply for a suspension of the warrant if they have valid grounds to do so. This could further delay the eviction process and incur additional costs for the landlord.
In conclusion, the accelerated possession court fee is a necessary expense for landlords seeking to regain possession of their property quickly. It’s crucial to ensure that all the correct procedures are followed and that the correct notice is served before applying for accelerated possession to avoid wasting time and money on a rejected application. While the fee may seem significant, the benefits of a speedy resolution to a tenancy dispute often outweigh the costs involved. Landlords should be aware of their rights and responsibilities throughout the eviction process to ensure a successful outcome.
Understanding accelerated possession court fees: What You Need to Know.