When it comes to renting out a property, landlords inevitably face the possibility of dealing with difficult tenants who refuse to vacate the premises. In such cases, landlords may need to resort to legal action to regain possession of their property. One option available to landlords in England and Wales is accelerated possession proceedings, which allow for a quicker resolution compared to the traditional court process. However, landlords should be aware that there are costs involved, including the accelerated possession court fee.
What is Accelerated Possession?
Accelerated possession is a legal process that allows landlords to evict tenants without the need for a court hearing. It is typically used in cases where tenants have failed to vacate the property after receiving a section 21 notice, which is a legal notice served by the landlord to terminate the tenancy. Accelerated possession can only be used for assured shorthold tenancies, which are the most common type of tenancy agreement in England and Wales.
The process involves submitting an application to the court along with the required paperwork, including the section 21 notice, the tenancy agreement, and a witness statement. If the court is satisfied that the paperwork is in order and that the landlord is entitled to possession, it will issue an order for possession. The tenant is then given a specified period of time to vacate the property, typically around 14 days.
What is the accelerated possession court fee?
In addition to the standard court fees associated with accelerated possession proceedings, landlords are also required to pay an accelerated possession court fee. As of 2021, the court fee for accelerated possession applications is £355. This fee must be paid at the time of submitting the application to the court.
It is important to note that the accelerated possession court fee is separate from any legal costs that the landlord may incur, such as hiring a solicitor to assist with the eviction process. Landlords should budget accordingly and factor in these costs when considering whether to pursue accelerated possession proceedings.
Is the accelerated possession court fee Refundable?
One common question that landlords may have is whether the accelerated possession court fee is refundable if the application is unsuccessful. Unfortunately, the court fee is non-refundable, regardless of the outcome of the case. This means that landlords will not be able to recoup the fee if the court decides not to grant possession or if the case is withdrawn.
Given the non-refundable nature of the accelerated possession court fee, landlords should carefully consider whether pursuing accelerated possession is the most appropriate course of action in their particular circumstances. It may be worth exploring alternative options or seeking mediation to resolve the issue before resorting to legal action.
Are There Any Exemptions or Discounts Available?
In certain cases, landlords may be eligible for exemptions or discounts on the accelerated possession court fee. For example, landlords who are in receipt of certain means-tested benefits or who have a low income may be entitled to a fee remission. Additionally, there may be specific circumstances in which the court may exercise its discretion to waive or reduce the fee.
Landlords who believe they may qualify for an exemption or discount should seek advice from a legal professional or the court directly. It is important to provide supporting documentation and evidence to demonstrate eligibility for any fee remission.
In conclusion, the accelerated possession court fee is a necessary cost that landlords must bear when pursuing accelerated possession proceedings. While the fee is non-refundable and can be a significant expense, it is important for landlords to weigh the potential benefits of accelerated possession against the associated costs. By understanding the process and costs involved, landlords can make informed decisions when dealing with difficult tenants and seeking to regain possession of their property.
Understanding the accelerated possession court fee: What You Need to Know