When it comes to regaining possession of a property from a tenant who has failed to pay rent or breached their tenancy agreement, landlords often turn to the legal process known as an accelerated possession order. This expedited procedure allows landlords to bypass a full court hearing and quickly reclaim their property. However, obtaining an accelerated possession order comes with a cost – the accelerated possession order court fee.
The accelerated possession order court fee is the fee that landlords must pay to the court when applying for an accelerated possession order. This fee covers the administrative costs associated with processing the application and ensuring that the legal requirements are met. The current fee for an accelerated possession order application is £355. This fee is non-refundable, meaning that the landlord will not receive a refund even if their application is unsuccessful.
It is important for landlords to understand the process and costs involved in obtaining an accelerated possession order before proceeding with their application. Here is a breakdown of the steps involved in applying for an accelerated possession order and how the court fee factors into the process:
1. Serving a Section 21 Notice: Before applying for an accelerated possession order, landlords must first serve their tenants with a Section 21 notice. This notice informs the tenants that the landlord wishes to regain possession of the property and gives them a minimum of two months’ notice to vacate. It is crucial for landlords to ensure that the Section 21 notice is served correctly and that they comply with all legal requirements to avoid costly delays in the possession process.
2. Submitting the Application: Once the notice period specified in the Section 21 notice has expired, landlords can submit their application for an accelerated possession order to the court. Along with the application form, landlords must provide supporting documents, including a copy of the Section 21 notice, the tenancy agreement, and proof of service of the notice to the tenant. The court fee must be paid at the time of submitting the application to ensure that it is processed promptly.
3. Court Processing: After receiving the application and court fee, the court will review the paperwork to ensure that the application is valid and that all legal requirements have been met. If the court is satisfied with the application, they will issue an order for possession. It is important to note that the accelerated possession order court fee is separate from any other costs that may be incurred during the possession process, such as legal fees or enforcement costs.
4. Enforcement of the Possession Order: Once the possession order has been granted, landlords can take steps to enforce the order if the tenants fail to vacate the property voluntarily. This may involve hiring bailiffs to evict the tenants and regain possession of the property. Landlords should be prepared for additional costs associated with enforcing the possession order, which are separate from the accelerated possession order court fee.
It is crucial for landlords to carefully consider the costs involved in obtaining an accelerated possession order before proceeding with their application. While the court fee is a necessary expense, landlords should also budget for other potential costs, such as legal fees, enforcement costs, and any additional expenses related to the eviction process. By understanding the full scope of costs associated with obtaining an accelerated possession order, landlords can make informed decisions about how to proceed with regaining possession of their property.
In conclusion, the accelerated possession order court fee is an essential cost that landlords must factor into their decision-making process when seeking to reclaim possession of a property from non-compliant tenants. By understanding the process and costs involved in obtaining an accelerated possession order, landlords can navigate the legal system more effectively and ensure a successful outcome. It is essential for landlords to be prepared for the financial implications of obtaining an accelerated possession order and to budget accordingly to avoid any unexpected costs or delays in the possession process.
So, when considering applying for an accelerated possession order, landlords must remember to account for the court fee as a necessary expense in reclaiming their property.