Understanding The Accelerated Possession Court Fee: What You Need To Know

When it comes to regaining possession of a property that has been unlawfully occupied by tenants, landlords often turn to the legal process of accelerated possession. This can be a quicker and more efficient way to resolve the situation compared to a standard possession order through the courts. However, one important aspect of pursuing accelerated possession is the court fee associated with the process. In this article, we will delve into the details of the accelerated possession court fee and provide you with the information you need to navigate this aspect of the process.

The accelerated possession court fee is the fee that landlords must pay when seeking to regain possession of their property through the accelerated possession procedure. The fee is currently set at £355 as of 2021, and this amount is payable when submitting the claim to the court. It is important to note that this fee is in addition to any other costs associated with the process, such as solicitor fees or other court fees that may arise during the proceedings.

The purpose of the accelerated possession court fee is to cover the administrative costs incurred by the court in processing the landlord’s claim. This fee is non-refundable, regardless of the outcome of the case, so it is essential to ensure that all necessary steps are taken to warrant a successful possession order. The fee must be paid online when submitting the claim form to the court, and failure to pay this fee in full or provide the necessary evidence of payment can result in delays or the rejection of the claim.

It is also worth noting that there may be additional costs involved in pursuing accelerated possession, such as serving notice on the tenants or attending any court hearings that may be scheduled. These costs can quickly add up, so it is crucial for landlords to budget accordingly and be prepared for any financial implications that may arise during the process.

In some circumstances, landlords may be eligible for fee remission or exemption based on their financial situation. If a landlord is eligible for fee remission, they may not be required to pay the full court fee or may be exempt from paying it entirely. To qualify for fee remission, landlords must meet specific criteria outlined by the court, such as being in receipt of certain benefits or having a low income. It is advisable to check with the court or seek legal advice to determine if you may be eligible for fee remission and how to apply for it.

When it comes to recovering the accelerated possession court fee from the tenants, landlords should be aware that they may not always be able to reclaim this cost. The court fee is typically considered a disbursement cost, and while landlords may be able to recover other costs associated with the possession proceedings, such as legal fees or court attendance costs, the court fee itself may not be recoverable. It is essential to carefully review the tenancy agreement and seek legal advice to understand what costs can be passed on to the tenants and how to go about recovering them.

In conclusion, the accelerated possession court fee is an important aspect of the accelerated possession process that landlords should be aware of when seeking to regain possession of their property. Understanding the purpose of the fee, how and when it should be paid, and any potential eligibility for fee remission are key considerations for landlords embarking on this legal procedure. By being informed and prepared, landlords can navigate the accelerated possession process more effectively and hopefully achieve a successful outcome in reclaiming their property.

By understanding the accelerated possession court fee and how it fits into the overall process, landlords can take the necessary steps to protect their property rights and successfully regain possession of their property when dealing with unlawful occupiers.