When it comes to renting out a property, landlords often face challenges in dealing with difficult tenants who refuse to vacate the premises even after their tenancy agreement has ended. In such cases, landlords may need to seek an accelerated possession order from the court to regain possession of their property. However, this process comes with its own set of costs, one of which is the accelerated possession court fee.
The accelerated possession court fee is a fee that landlords must pay when applying for an accelerated possession order through the court. This fee is separate from the standard court fees and is charged to cover the administrative costs associated with processing the accelerated possession order. The fee amount can vary depending on the type of possession claim being made and the court where the application is being filed.
It is important for landlords to understand the process and costs involved in obtaining an accelerated possession order, including the court fee, before deciding to pursue this legal remedy. In this article, we will provide an overview of the accelerated possession court fee and how it factors into the overall costs of regaining possession of a property.
**Types of Possession Claims**
Before delving into the specifics of the accelerated possession court fee, it is essential to understand the different types of possession claims that landlords can make. The two main types of possession claims are:
1. Standard Possession Order: This is the standard legal process for regaining possession of a property where the tenant is in breach of their tenancy agreement or has failed to pay rent. The process involves serving a Section 8 notice to the tenant and attending a court hearing to obtain a possession order.
2. Accelerated Possession Order: This is a faster and more straightforward process for regaining possession of a property at the end of an assured shorthold tenancy agreement. Landlords can apply for an accelerated possession order without the need for a court hearing, making it a quicker option for evicting tenants.
**Understanding the accelerated possession court fee**
When applying for an accelerated possession order, landlords are required to pay a court fee to cover the costs of processing the application. The current accelerated possession court fee in England and Wales is £355 for online applications and £355 for paper applications. It is important to note that these fees are subject to change, so landlords should check the latest fee schedule before submitting their application.
The accelerated possession court fee is in addition to any other costs associated with obtaining an accelerated possession order, such as legal fees and service of notice costs. Landlords should budget for these additional expenses when considering whether to pursue an accelerated possession order.
**Factors Affecting the accelerated possession court fee**
The accelerated possession court fee can vary depending on several factors, including:
1. Type of Possession Claim: The fee amount may differ for different types of possession claims, such as accelerated possession orders based on an assured shorthold tenancy agreement versus other types of claims.
2. Method of Application: The fee for online applications is the same as for paper applications. However, online applications are generally processed faster, which may be a consideration for landlords seeking a quick resolution.
3. Court Location: The fee amount may vary depending on the court where the application is being filed. Landlords should check with the specific court to confirm the correct fee for their application.
**Conclusion**
In conclusion, the accelerated possession court fee is an essential cost that landlords must consider when seeking an accelerated possession order to regain possession of their property. Understanding the fee schedule and factors that can affect the fee amount will help landlords budget effectively and navigate the legal process smoothly. By weighing the costs against the benefits of obtaining an accelerated possession order, landlords can make informed decisions about how to proceed with evicting difficult tenants and protecting their property rights.