When it comes to regaining possession of a property in England and Wales, landlords often turn to the accelerated possession procedure. This process allows landlords to quickly evict tenants without the need for a court hearing, but it does come with a price tag – the accelerated possession court fee. In this article, we’ll take a closer look at what this fee entails and why it is important for landlords to understand.
The accelerated possession court fee is the cost associated with filing a claim for possession through the accelerated possession procedure. As of September 2021, the fee is £355 for online submissions and £375 for paper submissions. This fee must be paid upfront when submitting the claim to the court, and it is non-refundable, even if the claim is later withdrawn or dismissed.
Landlords should be aware that the accelerated possession court fee is in addition to any other costs associated with the eviction process, such as solicitor fees or court expenses. It is important to factor in these costs when planning to regain possession of a property, as they can quickly add up.
One of the main benefits of the accelerated possession procedure is its speed. Unlike the traditional possession route, which can take several months to complete, the accelerated possession procedure typically takes around 8-10 weeks from start to finish. This can be a major advantage for landlords who need to regain possession of their property quickly, whether it be due to non-payment of rent, property damage, or other breaches of the tenancy agreement.
However, the accelerated possession procedure is not without its drawbacks. In addition to the accelerated possession court fee, landlords should be aware that they will need to meet certain criteria in order to be eligible for this process. For example, the tenancy agreement must be an assured shorthold tenancy, the correct notice must have been served on the tenant, and certain procedural requirements must be followed.
If any of these criteria are not met, the court may reject the claim for possession, resulting in delays and additional costs for the landlord. It is therefore crucial for landlords to carefully review their case and ensure that all requirements are met before proceeding with the accelerated possession procedure.
Another important consideration for landlords is the potential for the tenant to defend the claim for possession. While the accelerated possession procedure does not typically involve a court hearing, the tenant does have the right to file a defence if they believe the eviction is unjust. In such cases, the claim may be referred to a judge for further consideration, potentially prolonging the process and increasing costs for both parties.
In light of these factors, it is essential for landlords to weigh the benefits and drawbacks of the accelerated possession procedure before embarking on the eviction process. While the speed of this procedure can be advantageous, the associated costs and potential complications should not be overlooked.
In conclusion, the accelerated possession court fee is a necessary expense for landlords seeking to regain possession of their property through the accelerated possession procedure. While this process offers a quick and efficient way to evict tenants, landlords should be aware of the costs involved and the criteria that must be met in order to be successful. By carefully considering these factors and seeking legal advice if needed, landlords can navigate the eviction process more effectively and protect their interests.