When it comes to obtaining possession of a property that has been rented out, landlords may find themselves in a situation where they need to seek an accelerated possession order from the court. This legal process allows landlords to take back possession of their property quickly and efficiently in cases where tenants have breached their tenancy agreements or failed to vacate the premises despite proper notice being served.
However, one important consideration that landlords need to be aware of when applying for an accelerated possession order is the court fee associated with the application. In this article, we will delve into the details of the accelerated possession order court fee and provide you with the information you need to navigate this aspect of the process smoothly.
What is an Accelerated Possession Order?
Before we discuss the court fee associated with an accelerated possession order, let’s first understand what this legal remedy entails. An accelerated possession order is a streamlined procedure that allows landlords to regain possession of their property without the need for a court hearing. This process is typically used in cases where there is no dispute over the need for possession, such as when a fixed-term tenancy has come to an end or when the tenant has breached the terms of the tenancy agreement.
To apply for an accelerated possession order, landlords must fill out the requisite forms and submit them to the court. If the court is satisfied that the necessary legal requirements have been met, they will issue the possession order, which gives the tenant a specified period of time to vacate the property.
What is the accelerated possession order court fee?
When applying for an accelerated possession order, landlords are required to pay a court fee. As of 2021, the fee for an accelerated possession order in England and Wales is £355. This fee covers the cost of processing the application and issuing the possession order.
It’s important to note that the court fee is non-refundable, regardless of the outcome of the application. This means that landlords must carefully consider whether to proceed with an accelerated possession order, taking into account the costs involved and weighing them against the benefits of gaining swift possession of the property.
How to Pay the accelerated possession order court fee?
The accelerated possession order court fee can be paid online or by cheque. If paying online, landlords can do so through the HM Courts & Tribunals Service website, using a debit or credit card. Alternatively, if paying by cheque, landlords must make the cheque payable to “HM Courts & Tribunals Service” and include the claim number on the back of the cheque.
It’s crucial to ensure that the court fee is paid in full and on time to avoid any delays in processing the application for an accelerated possession order. Failure to pay the fee may result in the application being rejected or delayed, prolonging the process of regaining possession of the property.
Other Costs to Consider
In addition to the court fee, landlords should also be aware of other costs associated with obtaining an accelerated possession order. These may include legal fees if landlords choose to seek legal advice or representation during the process. While legal representation is not required for an accelerated possession order, some landlords may find it beneficial to seek expert guidance to ensure their application is handled correctly.
Landlords should also consider any additional costs that may arise, such as serving notice on the tenant or arranging for the property to be repossessed if the tenant fails to vacate voluntarily. By understanding the full scope of costs involved in obtaining an accelerated possession order, landlords can make informed decisions about how to proceed with reclaiming their property.
In conclusion, the accelerated possession order court fee is an essential aspect of the process that landlords must be prepared to address when seeking to regain possession of a rented property. By understanding the fee and how to pay it, landlords can navigate the application process more effectively and ensure that their rights as property owners are protected.