When it comes to dealing with tenants who breach their tenancy agreements or fail to pay rent on time, landlords may need to seek accelerated possession of their property through the court system. However, this process comes with its own set of costs, including the accelerated possession court fee.
The accelerated possession procedure is a faster way for landlords to regain possession of their property compared to the standard possession process. It is typically used when the tenant has breached the terms of their tenancy agreement, such as not paying rent or causing damage to the property. The court fee associated with this process is an additional cost that landlords should be aware of before pursuing accelerated possession.
The accelerated possession court fee is set by the government and is subject to change. As of 2021, the fee for filing an accelerated possession claim online is £355, while filing a paper claim costs £355. These fees are in addition to any legal costs that may be incurred during the process.
It is important for landlords to understand the process and costs associated with accelerated possession before taking action. The following points outline the steps involved in pursuing accelerated possession and the associated fees:
1. Issuing a Section 21 Notice: Before applying for accelerated possession, landlords must first serve their tenants with a Section 21 Notice, giving them at least two months’ notice to vacate the property. If the tenant fails to vacate by the end of the notice period, the landlord can proceed with the accelerated possession process.
2. Completing the Claim Form: To start the accelerated possession procedure, landlords must complete and submit Form N5B to the court. This form requires details about the tenancy agreement, the reason for seeking possession, and any relevant evidence to support the claim.
3. Paying the Court Fee: Along with the claim form, landlords must pay the accelerated possession court fee. This fee covers the administrative costs associated with processing the claim and scheduling a court hearing. The fee must be paid at the time of filing the claim, either online or by post.
4. Court Hearing: Once the claim form and fee have been submitted, the court will review the case and schedule a hearing. The landlord and tenant will both have the opportunity to present their evidence and arguments before a judge. If the judge rules in favor of the landlord, an order for possession will be granted.
5. Enforcement of Possession Order: If the tenant still refuses to vacate the property after the court order is issued, the landlord may need to take further action to enforce the possession order. This could involve hiring bailiffs to evict the tenant, which may incur additional costs.
Overall, pursuing accelerated possession can be an effective way for landlords to regain possession of their property quickly. However, it is essential to consider the associated costs, including the accelerated possession court fee, before initiating the process. Landlords should also ensure they comply with all legal requirements and procedures to avoid delays or complications in the eviction process.
In conclusion, the accelerated possession court fee is an integral part of the accelerated possession process for landlords seeking to regain possession of their property from tenants. By understanding the steps involved and the associated costs, landlords can navigate the eviction process more effectively and protect their interests as property owners.