When a landlord wishes to take back possession of their property from a tenant for reasons such as non-payment of rent or other breaches of the tenancy agreement, they may seek an accelerated possession order through the court system. However, obtaining this order comes with a cost, known as the accelerated possession order court fee.
The accelerated possession order court fee is the fee that landlords must pay to the court when they apply for an accelerated possession order. This fee is in addition to any other costs associated with obtaining the order, such as legal fees or other court expenses. The cost of the court fee can vary depending on the type of possession order being sought and the specific circumstances of the case.
In England and Wales, as of 2021, the court fee for applying for an accelerated possession order is £355. This fee must be paid when the application is made to the court, and failure to pay the fee can result in the application being rejected or delayed. It is important for landlords to be aware of this cost when considering whether to pursue an accelerated possession order against a tenant.
The accelerated possession order court fee is non-refundable, meaning that if the application is unsuccessful or withdrawn, the landlord will not be able to recoup the fee. This makes it essential for landlords to carefully consider the likelihood of success before proceeding with an application for an accelerated possession order.
There are certain circumstances in which the court fee for an accelerated possession order may be reduced or waived. For example, landlords who are in receipt of certain means-tested benefits may be eligible for a fee waiver. Additionally, if the landlord can demonstrate that they are experiencing financial hardship, they may be able to apply for a reduction in the fee. It is advisable for landlords to seek legal advice to determine whether they may be eligible for a fee reduction or waiver.
In some cases, the tenant may be ordered to pay the accelerated possession order court fee as part of the court’s decision. For example, if the tenant has breached the terms of the tenancy agreement and the court determines that they are responsible for the costs of the legal proceedings, they may be ordered to reimburse the landlord for the court fee. However, landlords should not rely on this outcome and should be prepared to cover the cost of the fee themselves.
It is important for landlords to be aware of the accelerated possession order court fee and to factor this cost into their decision-making process when considering whether to seek possession of their property through the courts. While the fee may represent an additional financial burden, it is a necessary cost in order to obtain an accelerated possession order and regain control of the property.
In conclusion, the accelerated possession order court fee is a cost that landlords must bear when applying for an accelerated possession order through the court system. This fee is non-refundable and must be paid upfront when the application is made. Landlords should be aware of the fee and any potential reductions or waivers that may apply, and should factor this cost into their decision-making process when pursuing possession of their property. By understanding and planning for the accelerated possession order court fee, landlords can navigate the legal process more effectively and achieve a successful outcome in their case.