When it comes to dealing with tenants who have failed to pay rent or have breached the terms of their tenancy agreement, landlords often find themselves navigating the legal system in order to regain possession of their property. One of the avenues available to landlords is the accelerated possession procedure, which allows for a quicker and more streamlined process for obtaining a possession order. However, landlords should be aware that there are costs associated with pursuing this route, including the accelerated possession court fee.
The accelerated possession court fee is a fee that landlords must pay when making an application for possession through the accelerated possession procedure. This fee is in addition to any other costs associated with the legal process, such as hiring a solicitor or attending court hearings. The current fee for making an accelerated possession claim is £355, as of 2021. This fee is payable to the court when submitting the application for possession.
It is important to note that the accelerated possession court fee is non-refundable, meaning that landlords will not be able to recover this fee from the tenant even if they are successful in obtaining a possession order. This is something that landlords should consider before deciding to pursue possession through the accelerated possession procedure, as the costs can add up quickly.
The accelerated possession procedure is often chosen by landlords because it is faster and more efficient than other methods of obtaining possession, such as the standard possession procedure. With the accelerated possession procedure, landlords can typically expect a possession order to be granted within 6-10 weeks, compared to the 6-9 months it can take with the standard possession procedure.
In order to qualify for the accelerated possession procedure, landlords must meet certain criteria, such as having grounds for possession under the Housing Act 1988 and providing the tenant with the required notice period. If these requirements are met, landlords can then proceed with making an application for possession and pay the accelerated possession court fee.
In addition to the accelerated possession court fee, landlords should also be aware of other costs that may be associated with pursuing possession through the accelerated possession procedure. These costs can include hiring a solicitor to help with the legal process, attending court hearings, and serving notice on the tenant. Landlords should budget for these costs in addition to the accelerated possession court fee in order to ensure that they are prepared for the financial implications of pursuing possession through this route.
While the accelerated possession court fee may seem steep, it is important to consider the benefits of using the accelerated possession procedure to regain possession of your property. Not only is the process quicker and more efficient, but it also allows landlords to take back control of their property in a timely manner. For landlords who are dealing with non-paying or troublesome tenants, the accelerated possession procedure can provide a much-needed solution.
In conclusion, the accelerated possession court fee is a cost that landlords must be prepared to pay when pursuing possession through the accelerated possession procedure. While this fee may be a deterrent for some landlords, the benefits of using the accelerated possession procedure can outweigh the costs. By understanding the process and being aware of the associated costs, landlords can make an informed decision about whether the accelerated possession procedure is the right choice for them.