When it comes to regaining possession of a property from a tenant who has breached the terms of their tenancy agreement, landlords often turn to the courts for help One option available to landlords in such situations is to apply for an accelerated possession order (APO) However, before proceeding with this legal remedy, it is important to understand the associated court fees.
An accelerated possession order is a quicker and more straightforward way for landlords to regain possession of their property as compared to using the standard possession procedure This route is typically used when the tenant has not left the property even after a valid section 21 notice has expired The accelerated possession process does not involve a court hearing and is usually resolved based on the written evidence submitted by the landlord.
One of the key considerations for landlords looking to obtain an accelerated possession order is the court fee involved in the application process The court fee for applying for an accelerated possession order can vary depending on the circumstances of the case As of 2021, the court fee for an accelerated possession order application is £355 This fee covers the cost of processing the application and issuing the possession order.
It is important for landlords to bear in mind that the court fee is non-refundable, regardless of the outcome of the application This means that if the court does not grant the possession order for any reason, the landlord will not be able to recover the fee paid accelerated possession order court fee. Therefore, it is crucial for landlords to ensure that they have a strong case before proceeding with an accelerated possession order application.
In some cases, landlords may be eligible for fee remission or exemption based on their financial circumstances If a landlord is on a low income or receiving certain benefits, they may be able to apply for a fee remission to have some or all of the court fee waived It is important for landlords to check their eligibility for fee remission before submitting the application to avoid any unnecessary costs.
Apart from the court fee, landlords should also consider other costs associated with obtaining an accelerated possession order These may include legal fees if the landlord chooses to seek legal advice or representation, as well as any costs related to serving notices on the tenant or preparing the required documentation for the court.
Overall, while the court fee for an accelerated possession order application may seem like an additional expense for landlords, it is a necessary cost for regaining possession of a property from a non-compliant tenant By understanding the court fee and considering any eligibility for fee remission, landlords can make informed decisions about pursuing an accelerated possession order.
In conclusion, the court fee for an accelerated possession order application is an important consideration for landlords seeking to regain possession of their property Understanding the fee structure, eligibility for fee remission, and other associated costs can help landlords navigate the legal process efficiently and effectively By weighing the costs against the benefits of obtaining a possession order, landlords can make informed decisions to protect their property rights.