For landlords seeking to regain possession of their property from a tenant, the accelerated possession procedure can be a quick and efficient way to achieve this goal. However, it is important to be aware of the associated costs, including the accelerated possession court fee.
The accelerated possession procedure allows landlords to regain possession of their property without the need for a court hearing. This can be particularly attractive for landlords who are facing a tenant who is in breach of their tenancy agreement, such as failing to pay rent or causing damage to the property.
In order to begin the accelerated possession procedure, landlords must first serve a Section 21 notice on their tenant. This notice informs the tenant that the landlord intends to regain possession of the property and gives them a minimum of two months’ notice to vacate the premises.
Once the notice period has expired and the tenant has not vacated the property, the landlord can then apply to the court for an accelerated possession order. This application must be made using form N5B and must be accompanied by the correct fee.
The accelerated possession court fee is set by the government and is subject to change. As of the time of writing, the fee for making an accelerated possession claim is £355. This fee must be paid at the time of submitting the application to the court and is non-refundable.
It is important to note that the accelerated possession court fee is in addition to any other costs that may be incurred during the possession process. This can include legal fees, court costs, and any expenses related to enforcing the possession order.
Landlords should also be aware that the accelerated possession procedure is only available in certain circumstances. For example, it cannot be used if the tenant has a fixed-term tenancy of less than six months, if the property is an HMO (House in Multiple Occupation), or if the tenant has a protected or regulated tenancy.
If the tenant contests the accelerated possession claim or raises a defence, the case may be referred to a judge for a hearing. In this event, the landlord may incur additional costs and fees associated with attending court and presenting their case.
Despite the costs involved, the accelerated possession procedure can be a faster and more cost-effective way for landlords to regain possession of their property compared to other options, such as applying for a standard possession order through the court.
Landlords should carefully consider their options and seek legal advice if they are unsure of the best course of action to take. It is important to ensure that all legal requirements are met and that the correct procedures are followed to avoid any delays or additional costs.
In conclusion, the accelerated possession court fee is an important cost to consider for landlords seeking to regain possession of their property. By understanding the process and the associated fees, landlords can make an informed decision about the best course of action to take in their particular circumstances.
Overall, the accelerated possession procedure can be a valuable tool for landlords facing difficult tenants, but it is important to be aware of the costs involved and to seek professional advice if needed. By following the correct procedures and understanding the fees involved, landlords can navigate the possession process more effectively and efficiently.