When a landlord finds themselves faced with a difficult situation where a tenant is not abiding by the terms of their tenancy agreement, they may have no choice but to seek an accelerated possession order through the court system. This legal process allows landlords to regain possession of their property quickly and efficiently, without the need for a full court hearing. However, one key aspect of this process that landlords need to be aware of is the accelerated possession order court fee.
The accelerated possession order court fee is a fee that landlords must pay when they apply to the court for an accelerated possession order. This fee is in addition to any other costs that may be incurred during the process, such as legal fees or court costs. The fee is set by the government and can vary depending on the circumstances of the case.
The current fee for applying for an accelerated possession order is £355. This fee must be paid at the time of application and is non-refundable, regardless of the outcome of the case. It is important for landlords to be aware of this fee and budget accordingly when considering whether to pursue an accelerated possession order against a tenant.
There are some circumstances where the fee may be waived or reduced. For example, if a landlord is in receipt of certain benefits or has a low income, they may be eligible for a fee waiver. Additionally, if a landlord is able to prove that they have been the victim of domestic violence or abuse by the tenant, they may be able to have the fee reduced or waived entirely.
It is important for landlords to carefully consider whether pursuing an accelerated possession order is the right course of action for their specific situation. In some cases, it may be more cost-effective to try and resolve the issue with the tenant outside of court, rather than incur the expense of a court application and associated fees.
If a landlord does decide to proceed with an accelerated possession order, they must ensure that they have followed all the correct procedures and paperwork before submitting their application to the court. Failure to do so could result in delays or even the dismissal of the case, requiring the landlord to start the process over again and incurring additional costs.
Once the application has been submitted to the court and the fee paid, the court will review the case and decide whether to grant the accelerated possession order. If the order is granted, the tenant will be given a specified amount of time to vacate the property, typically around 14 days.
If the tenant does not leave the property voluntarily within the specified time frame, the landlord can then apply for a warrant of possession, which allows a bailiff to remove the tenant from the property forcibly if necessary. This step also incurs an additional fee, currently set at £121.
In conclusion, the accelerated possession order court fee is an important aspect of the legal process that landlords must be aware of when seeking to regain possession of their property from a non-compliant tenant. Understanding the fee structure, eligibility for waivers or reductions, and the overall process of applying for an accelerated possession order is crucial to navigating this complex legal process successfully. By being informed and prepared, landlords can ensure that they are taking the necessary steps to protect their property rights and resolve any tenancy issues effectively.