When a landlord needs to regain possession of their property from a tenant who is in breach of their tenancy agreement, they may need to pursue legal action through the courts One option available to landlords in England and Wales is to apply for an accelerated possession order This process allows for a quicker resolution compared to a standard possession order, but it comes with its own set of costs that landlords should be aware of.
The cost of applying for an accelerated possession order can vary depending on a few factors, including whether the landlord chooses to use a solicitor to handle the application or if they decide to pursue the process on their own In general, the cost of applying for an accelerated possession order can range from a few hundred to a few thousand pounds.
One of the key costs associated with obtaining an accelerated possession order is the court fee As of 2021, the court fee for applying for an accelerated possession order is £355 This fee is payable at the time of making the application and is non-refundable, regardless of the outcome of the case It is important for landlords to factor in this cost when considering whether to pursue an accelerated possession order.
In addition to the court fee, landlords may also incur other costs when applying for an accelerated possession order For example, if the landlord chooses to hire a solicitor to handle the application on their behalf, they will need to budget for legal fees Solicitors’ fees can vary depending on the complexity of the case and the experience of the solicitor, but they can add a significant amount to the overall cost of obtaining an accelerated possession order.
It is also worth noting that landlords may incur additional costs if they need to serve notice on the tenant before applying for an accelerated possession order Depending on the circumstances, landlords may need to serve a Section 8 notice, a Section 21 notice, or both before they can proceed with the accelerated possession order application accelerated possession order cost. Serving these notices can also involve additional fees, such as postage costs or fees for hiring a process server.
Another cost to consider is the potential for the tenant to contest the application for an accelerated possession order If the tenant decides to defend the case, the landlord may need to incur additional legal fees and court costs to present their case and argue for a successful outcome While the accelerated possession order process is designed to be quicker than a standard possession order, it is still subject to the rules of the court, and tenants have the right to challenge the order under certain circumstances.
In some cases, landlords may also need to budget for costs associated with enforcing the accelerated possession order If the tenant refuses to vacate the property voluntarily after the court has granted the order, the landlord may need to pursue further legal action, such as obtaining a warrant for possession or hiring bailiffs to evict the tenant These enforcement costs can add to the overall expense of obtaining an accelerated possession order and should be taken into account when budgeting for the process.
In conclusion, obtaining an accelerated possession order can be a costly process for landlords, with fees for court applications, legal representation, notice serving, and potential enforcement all adding up It is important for landlords to be aware of these costs and to budget accordingly before pursuing an accelerated possession order By understanding the financial implications of this legal process, landlords can make informed decisions about the best course of action for regaining possession of their property from a non-compliant tenant.
Overall, the costs associated with an accelerated possession order can be significant and should be carefully considered before proceeding with the legal process By understanding the expenses involved, landlords can make informed decisions about the most cost-effective way to resolve disputes with tenants and regain possession of their property.