The process of regaining possession of a property through the courts can be both time-consuming and costly. Landlords who find themselves in a situation where they need to evict a tenant may opt for accelerated possession to speed up the process. However, along with the expedited timeline comes an accelerated possession court fee that landlords must be aware of.
What is Accelerated Possession?
Accelerated possession is a fast-track procedure that allows landlords to evict tenants without the need for a court hearing. This process is only available to landlords who have grounds for possession under section 21 of the Housing Act 1988. It is often used when a tenant has failed to vacate the property after receiving a section 21 notice.
In accelerated possession cases, the landlord must submit the necessary paperwork to the court, including the completed claim form and a witness statement. If all the required documentation is in order, the court will issue an order for possession without the need for a hearing. This can significantly reduce the time it takes to regain possession of the property compared to the standard court process.
What is the accelerated possession court fee?
When applying for accelerated possession, landlords must pay a court fee to cover the cost of processing the eviction order. As of 2021, the fee for accelerated possession applications is £355 for online applications and £355 for paper applications. This fee is in addition to any legal costs or other expenses incurred during the eviction process.
It is important to note that the accelerated possession court fee is non-refundable, even if the application is unsuccessful. Therefore, landlords should carefully consider whether accelerated possession is the right course of action before proceeding with the eviction process.
How to Pay the accelerated possession court fee
The accelerated possession court fee can be paid online or by post, depending on the preference of the landlord. When submitting an online application, the fee can be paid using a credit or debit card through the court’s secure payment portal. For paper applications, landlords can pay the fee by cheque or postal order made payable to HM Courts and Tribunals Service.
It is essential to include the payment reference number on any correspondence or documentation related to the accelerated possession application to ensure that the fee is properly allocated to the case.
Factors to Consider Before Applying for Accelerated Possession
Before deciding to pursue accelerated possession, landlords should consider several factors to assess whether this is the most appropriate course of action. These factors include:
1. Grounds for possession: Accelerated possession is only available to landlords who have valid grounds for possession under section 21 of the Housing Act 1988. Landlords must have served the tenant with a valid section 21 notice before applying for accelerated possession.
2. Tenant cooperation: If the tenant is likely to vacate the property voluntarily after receiving the section 21 notice, there may be no need to pursue accelerated possession. In such cases, landlords can avoid the cost of the court fee by allowing the tenant to leave without the need for legal action.
3. Legal advice: Landlords should seek legal advice before applying for accelerated possession to ensure that they have followed the correct procedures and that their case is strong. Legal advice can help landlords avoid costly mistakes that could result in the application being rejected or delayed.
4. Alternative dispute resolution: In some cases, it may be possible to resolve disputes with tenants through alternative means, such as negotiation or mediation. Landlords should consider whether these options are viable before resorting to accelerated possession.
In conclusion, the accelerated possession court fee is an essential consideration for landlords seeking to regain possession of their property quickly. By understanding the process of accelerated possession and the associated costs, landlords can make informed decisions about the most appropriate course of action in eviction cases.