When it comes to renting property, one of the biggest concerns for landlords is the issue of tenants failing to pay rent or breaching their tenancy agreement in some way. In cases where a tenant is not fulfilling their obligations, landlords may need to seek possession of their property through the legal process. One option available to landlords in England and Wales is accelerated possession, but this comes with its own set of fees – including the accelerated possession court fee.
Accelerated possession is a quicker and more straightforward route for regaining possession of a property when compared to the standard possession procedure. It is typically used in cases where the tenant has breached their tenancy agreement or failed to pay rent, but there are no disputes about the validity of the notice served by the landlord. The process involves filling out certain forms and submitting them to the court, along with the accelerated possession court fee.
The accelerated possession court fee is the fee that landlords must pay to the court in order to start the accelerated possession process. As of 2021, the fee for making a possession claim online is £355, while the fee for making a possession claim on paper is £355. This fee is non-refundable, so it is important for landlords to ensure they have grounds for possession before starting the process.
It is worth noting that the accelerated possession court fee is just one of the costs associated with regaining possession of a property. Landlords may also incur costs for legal advice, serving notices, and attending court hearings. However, the accelerated possession process is generally quicker and more cost-effective than the standard possession procedure, making it a popular choice for landlords looking to regain possession of their property swiftly.
In order to start the accelerated possession process, landlords must first serve a valid Section 21 notice on their tenant. This notice informs the tenant that the landlord intends to take possession of the property and gives them a minimum of two months’ notice to vacate. If the tenant fails to leave the property by the end of the notice period, the landlord can then apply to the court for an accelerated possession order.
Once the necessary forms have been submitted to the court, a judge will review the case and, if satisfied, will issue an accelerated possession order. This order gives the tenant a date by which they must vacate the property, usually within 14 days of the order being issued. If the tenant fails to leave by this date, the landlord can then apply for a warrant of possession, which allows bailiffs to evict the tenant.
It is important for landlords to follow the correct procedures when seeking possession of their property, as failure to do so can result in costly delays. For example, if the Section 21 notice is found to be invalid or incorrectly served, the court may dismiss the possession claim and order the landlord to start the process again. This can result in further costs and prolong the time it takes to regain possession of the property.
In conclusion, the accelerated possession court fee is an important consideration for landlords looking to regain possession of their property quickly and efficiently. While the fee is just one of the costs associated with the process, it is non-refundable and must be paid upfront. By following the correct procedures and seeking legal advice where necessary, landlords can navigate the accelerated possession process successfully and regain possession of their property in a timely manner.