When it comes to landlords wanting to regain possession of their property from tenants, one option they have is to go through the accelerated possession procedure. This is a faster alternative to the standard possession process and can be particularly useful in cases where tenants have breached their tenancy agreement or are not paying rent. However, before diving into the accelerated possession route, it is important to understand the associated court fees.
The accelerated possession court fee is the fee that must be paid when applying to the court for possession of a property under this accelerated procedure. This fee is in addition to any other costs that may be incurred during the process, such as legal fees or serving notices to the tenants. The current fee for filing an accelerated possession claim in England and Wales is £355.
It is important to note that this fee is subject to change, so it is always a good idea to check the current fee before proceeding with your application. The fee must be paid when submitting the claim form to the court, and failure to do so will result in the claim being rejected.
The accelerated possession procedure is available to landlords who meet certain criteria. In order to be eligible, the tenancy agreement must be an assured shorthold tenancy (AST) and the notice seeking possession must have already been served on the tenants. The tenants must also have failed to vacate the property by the end of the notice period.
Once the claim form has been submitted to the court along with the required fee, the court will review the application and, if everything is in order, will issue an order for possession. This can typically happen within a matter of weeks, making the accelerated possession procedure a much quicker option than the standard possession route.
In addition to the accelerated possession court fee, landlords should be aware that there may be additional costs associated with the process. For example, if the tenants defend the claim or if there are any other complications, legal fees may be incurred. It is always a good idea to seek legal advice before proceeding with an accelerated possession claim in order to understand all potential costs involved.
Landlords should also be aware that they are not guaranteed to be awarded possession of the property through the accelerated possession procedure. If the court finds that the claim is not valid or that the correct procedures have not been followed, the claim may be dismissed. This is another reason why seeking legal advice before proceeding with a claim is crucial.
It is worth noting that the accelerated possession procedure is not suitable for all circumstances. If there are disputes over rent arrears, damage to the property, or other complex issues, it may be more appropriate to pursue possession through the standard possession route. This process can take longer and be more expensive, but it may be necessary in order to properly address the issues at hand.
In conclusion, the accelerated possession court fee is an important consideration for landlords looking to regain possession of their property quickly and efficiently. By understanding the fee and the process as a whole, landlords can make informed decisions about whether the accelerated possession procedure is the right option for their specific situation. It is always advisable to seek legal advice before proceeding with any court application in order to ensure that all legal requirements are met and that the best possible outcome is achieved.