When it comes to obtaining possession of a property through the legal system in the UK, landlords may choose to use the accelerated possession procedure. This is a faster way to reclaim a property from tenants who have breached their tenancy agreement, such as not paying rent or causing damage to the property. However, along with the benefits of a quicker process, landlords need to be aware of the court fees associated with accelerated possession.
The accelerated possession court fee is a cost that landlords must pay in order to initiate the accelerated possession procedure. This fee is in addition to any other costs that may be incurred, such as legal fees or administrative costs. It is important for landlords to understand the accelerated possession court fee and how it fits into the overall process of reclaiming possession of their property.
The current fee for filing an accelerated possession claim in England and Wales is £355. This fee must be paid at the time the claim is submitted to the court. If the claim is successful and possession of the property is granted, the court may also order the tenant to pay the landlord’s costs, which may include the accelerated possession court fee.
It is worth noting that the accelerated possession court fee is non-refundable, even if the claim is unsuccessful. This means that landlords need to carefully consider whether they have a strong case before proceeding with an accelerated possession claim. It is recommended to seek legal advice from a solicitor specialising in landlord and tenant law to assess the strength of your case and the likelihood of success.
In some cases, landlords may be eligible for fee remission or exemption. This means that they may not have to pay the full accelerated possession court fee or may be able to have the fee waived entirely. Fee remission is available for landlords who are in receipt of certain means-tested benefits or have a low income. Landlords can apply for fee remission by completing a form and providing evidence of their financial circumstances.
Despite the cost involved, many landlords choose to pursue the accelerated possession procedure because of its speed and efficiency. Unlike the standard possession procedure, which can take several months to complete, the accelerated possession procedure can often be resolved in a matter of weeks. This can be particularly beneficial for landlords who are reliant on rental income to cover mortgage payments or other expenses.
In order to file an accelerated possession claim, landlords must complete a specific court form known as Form N5B. This form sets out the details of the tenancy agreement, the reasons for seeking possession, and any other relevant information. Once the form is completed, it must be submitted to the court along with the accelerated possession court fee.
After the claim has been submitted, the court will review the documentation and, if everything is in order, will issue a possession order. This order gives the tenant a specified period of time to vacate the property, typically 14 days. If the tenant fails to leave by the specified date, the landlord can apply for a warrant of possession, which allows bailiffs to evict the tenant if necessary.
In conclusion, the accelerated possession court fee is an important cost that landlords need to consider when pursuing possession of their property through the legal system. While the fee may seem like an additional expense, the benefits of a faster resolution can often outweigh the cost. By understanding the process and seeking legal advice where necessary, landlords can navigate the accelerated possession procedure successfully and reclaim their property in a timely manner.