If you are a landlord seeking to regain possession of your property from a tenant who has failed to pay rent or has violated the terms of the tenancy agreement, you may consider applying for an Accelerated Possession Order (APO) through the court system However, before proceeding with this legal process, it is crucial to understand the associated court fees that are incurred when applying for an APO.
An APO is a quicker and more straightforward way to regain possession of your property compared to the standard possession procedure It is typically used when there are no disputes over the landlord’s right to possession, and the tenant has failed to vacate the property after receiving a Section 21 notice The APO process usually takes around 6-10 weeks from the date of application to the court issuing the possession order.
One of the key considerations for landlords when applying for an APO is the court fee that is payable as part of the application process The court fee for an accelerated possession order is currently set at £355 as of 2021 This fee is payable to the court when submitting the application and is non-refundable, regardless of the outcome of the case.
It is important to note that the court fee for an APO may vary depending on the specific circumstances of the case and any changes to court fees implemented by the government Therefore, landlords should always check the latest fee schedule provided by the court or seek legal advice to ensure they are aware of the correct amount due.
In some cases, landlords may be eligible for fee remission or exemption based on their financial circumstances Fee remission allows individuals who are on a low income or receiving certain benefits to apply for a reduction or waiver of court fees Landlords should check with the court or a legal professional to determine if they qualify for fee remission and what steps need to be taken to apply for it.
When applying for an APO, landlords should ensure that they have all the necessary documentation and evidence to support their case accelerated possession order court fee. This may include the original tenancy agreement, proof of service of the Section 21 notice, rent arrears statements, and any other relevant correspondence or records Failure to provide accurate and complete information could result in delays or complications in obtaining the possession order.
Once the court fee has been paid, the landlord can proceed with submitting the application for an APO The court will review the application and, if satisfied that all requirements have been met, will issue the possession order The possession order will specify the date by which the tenant must vacate the property, typically within 14-28 days.
If the tenant fails to vacate the property by the specified date in the possession order, the landlord can apply for a warrant of possession This document authorizes court bailiffs to physically remove the tenant from the property if necessary The landlord will be required to pay an additional fee for the warrant of possession, which is currently £121 as of 2021.
Overall, understanding the court fee associated with an accelerated possession order is essential for landlords considering this legal process By being aware of the fee amount, eligibility for fee remission, and the documentation required for the application, landlords can navigate the APO process more effectively and regain possession of their property in a timely manner.
In conclusion, the court fee for an accelerated possession order is a necessary cost for landlords seeking to regain possession of their property from tenants who have breached the terms of the tenancy agreement By understanding the fee amount, eligibility for fee remission, and the application process, landlords can navigate the APO process more effectively and achieve their desired outcome.