Understanding The Accelerated Possession Court Fee

If you are a landlord seeking to regain possession of your property from a tenant, you may have heard of the accelerated possession procedure. This process allows landlords to evict tenants without a court hearing in certain circumstances. However, one crucial aspect of the accelerated possession procedure is the court fee that must be paid in order to initiate the process. In this article, we will delve into the details of the accelerated possession court fee and what landlords need to know about it.

The accelerated possession court fee is a fee that landlords must pay when applying to the court for possession of their property under the accelerated possession procedure. This fee is in addition to any other costs associated with the eviction process, such as legal fees or court costs. The current fee for an accelerated possession order is £355, as of 2021. It is important to note that this fee is subject to change, so landlords should check the latest fee schedule before proceeding with their application.

Before applying for an accelerated possession order, landlords must ensure that they have followed the correct procedure for serving notice on their tenants. In most cases, this will involve serving a Section 21 notice, which gives the tenant a minimum of two months’ notice to vacate the property. If the tenant fails to vacate the property by the end of the notice period, the landlord can apply to the court for an accelerated possession order.

Once the application has been submitted to the court, the accelerated possession court fee must be paid. The fee can be paid online or by cheque, postal order, or cash at the court. After the fee has been paid, the court will review the application and, if everything is in order, will issue the possession order. It is important for landlords to keep in mind that the accelerated possession procedure is only available for certain types of tenancies, such as assured shorthold tenancies. Landlords should seek legal advice to determine if they are eligible to use this procedure.

One of the main advantages of the accelerated possession procedure is that it allows landlords to regain possession of their property relatively quickly, without the need for a court hearing. This can be particularly beneficial in cases where the tenant is in arrears with rent or has breached the terms of the tenancy agreement. By using the accelerated possession procedure, landlords can expedite the eviction process and minimize the financial impact of having a non-paying or problem tenant.

However, it is important to remember that the accelerated possession court fee is non-refundable, even if the application is unsuccessful. This means that landlords must carefully consider whether this procedure is the best course of action in their particular circumstances before proceeding. In some cases, it may be more appropriate to pursue possession through the standard court process, which may involve a court hearing but can provide more flexibility in terms of the grounds for eviction.

In conclusion, the accelerated possession court fee is an important consideration for landlords looking to regain possession of their property quickly and efficiently. By understanding the process and costs involved, landlords can make an informed decision about whether to proceed with an accelerated possession order. If you are a landlord considering this option, be sure to seek legal advice to ensure that you are following the correct procedure and maximizing your chances of success.