When it comes to evicting a tenant from a property in England or Wales, landlords often have to resort to the court system to regain possession of their property. One option available to landlords is the accelerated possession procedure, which allows for a quicker and more streamlined process compared to the standard possession route. However, there are some costs associated with using this method, including the accelerated possession court fee.
The accelerated possession court fee is the fee that landlords must pay when filing a claim for possession through the accelerated possession procedure. As of 2021, the fee stands at £355 for online applications and £325 for paper applications. This fee is payable to the court and covers the cost of processing the claim and scheduling a court hearing if necessary.
It is important for landlords to understand the accelerated possession court fee and how it fits into the overall eviction process. Here is a breakdown of what landlords need to know about this fee:
1. Eligibility for Accelerated Possession
The accelerated possession procedure is available to landlords who meet certain criteria, such as having a written assured shorthold tenancy agreement and providing the tenant with the required notice to vacate the property. Landlords must also ensure that they have grounds for possession, such as the expiration of a fixed-term tenancy or the tenant breaching the terms of the tenancy agreement.
2. Filing the Claim
Once the eligibility criteria are met, landlords can proceed with filing a claim for possession through the accelerated possession procedure. This involves completing the necessary forms and submitting them to the court along with the required fee. Landlords can choose to file the claim online or by post, depending on their preference.
3. Paying the accelerated possession court fee
As mentioned earlier, the accelerated possession court fee is £355 for online applications and £325 for paper applications. This fee must be paid at the time of filing the claim and can be made using a debit or credit card. Failure to pay the fee will result in the claim not being processed, delaying the eviction process.
4. Processing the Claim
Once the claim and fee have been submitted to the court, the process of eviction will be initiated. The court will review the claim and, if all requirements are met, issue a possession order to the landlord. This order gives the tenant a specified amount of time to vacate the property voluntarily, failing which the landlord can request a warrant of possession to evict the tenant forcibly.
5. Attending a Court Hearing
In some cases, the court may require a hearing to be held to determine the outcome of the eviction claim. If a hearing is scheduled, both the landlord and tenant will be notified of the date, time, and location to attend. It is essential for landlords to prepare their case thoroughly and present any evidence or documentation supporting their claim for possession.
6. Reclaiming Costs
In certain instances, landlords may be able to reclaim the accelerated possession court fee as part of the costs awarded to them in the possession order. This means that the tenant will be responsible for covering the fee as part of the overall expenses incurred by the landlord during the eviction process.
Overall, the accelerated possession court fee is an essential cost that landlords must factor into their decision to pursue eviction through this procedure. While it may seem like an additional expense, the streamlined process and quicker resolution provided by the accelerated possession procedure can outweigh the cost of the fee for many landlords. By understanding the role of the fee and following the necessary steps to file a claim for possession, landlords can navigate the eviction process successfully and regain possession of their property efficiently.