If you are a landlord in the UK seeking to regain possession of your property from tenants who have failed to pay rent or have breached the terms of their tenancy agreement, you may have heard of the accelerated possession order. This legal process allows landlords to regain possession of their property quickly without needing to attend a court hearing. However, like most legal proceedings, there are associated costs involved, including the accelerated possession order court fee.
The accelerated possession order court fee is a fee that landlords are required to pay when making an application for possession through the accelerated possession procedure. This fee is in addition to any other costs incurred during the eviction process, such as legal fees or court costs. The current fee for an accelerated possession order application is £355, as of September 2021.
It is important to note that the accelerated possession order court fee is non-refundable, regardless of the outcome of the application. This means that if your application is unsuccessful, you will not be able to reclaim the fee paid. However, if the court grants you possession of the property, you may be able to recover the court fee as part of your overall costs.
The accelerated possession order court fee must be paid at the time of submitting the application to the court. Failure to pay the fee will result in your application being rejected, and you will need to reapply once the fee has been paid. This can lead to delays in the eviction process, so it is important to ensure that the fee is paid promptly to avoid any unnecessary setbacks.
In some cases, landlords may be eligible for fee remission or exemption. This means that they may not have to pay the full court fee or may be able to have the fee waived entirely. Fee remission is typically available to landlords who are in receipt of certain benefits or have a low income. If you believe you may be eligible for fee remission, you should include a fee remission application with your accelerated possession order application.
It is worth noting that the accelerated possession order court fee is subject to change, so it is important to check the latest fee schedule before submitting your application. The fee is typically reviewed annually, so be sure to verify the current fee amount with the court before making payment.
In addition to the accelerated possession order court fee, landlords should also be aware of other potential costs associated with the eviction process. These may include legal fees, court costs, and enforcement costs. It is advisable to seek legal advice before proceeding with an accelerated possession order application to ensure that you are fully informed of all costs involved.
It is also important to consider alternative solutions to eviction where possible. In some cases, mediation or negotiation with tenants may be a more cost-effective and amicable way to resolve issues and regain possession of your property. Eviction should be considered a last resort, as it can be a lengthy and expensive process with no guarantee of success.
Ultimately, the accelerated possession order court fee is an essential cost for landlords seeking to regain possession of their property quickly and efficiently. By understanding the fee and the eviction process, landlords can navigate the legal system with confidence and achieve their desired outcome.