When it comes to renting out a property, landlords often face the challenge of dealing with difficult tenants who refuse to vacate the premises In such situations, landlords may need to seek an accelerated possession order to regain possession of their property However, obtaining an accelerated possession order comes with its own set of costs that landlords should be aware of before going down this legal route.
An accelerated possession order is a court order that allows a landlord to take back possession of their property without the need for a court hearing This expedited process is typically used in cases where the tenant has failed to vacate the property after receiving a Section 21 notice, which is a legal notice served by the landlord to terminate the tenancy agreement.
One of the main costs associated with obtaining an accelerated possession order is the court fee Landlords must pay a fee to submit their claim for possession to the court, and this fee can vary depending on the value of the claim As of 2021, the court fee for making a possession claim online is £355, while the fee for making a possession claim through the post is £355 These fees are subject to change, so it’s important to check the current court fees before initiating the process.
In addition to the court fee, landlords may also incur other costs related to the accelerated possession order process For example, landlords may need to hire a solicitor to assist them with preparing and submitting the necessary court documents Solicitors’ fees can vary depending on the complexity of the case and the solicitor’s hourly rate, so landlords should be prepared to budget for these additional expenses.
Furthermore, landlords may also need to cover the cost of serving the Section 21 notice to the tenant This involves sending the notice to the tenant in a specific way, such as through registered mail or in person, to ensure that it is legally valid accelerated possession order cost. While serving the Section 21 notice may not be expensive, it is still an additional cost that landlords need to factor into their overall budget for obtaining an accelerated possession order.
Another potential cost associated with obtaining an accelerated possession order is the cost of enforcement If the tenant fails to vacate the property after the court has granted the possession order, landlords may need to enlist the help of bailiffs to physically remove the tenant from the premises The cost of hiring bailiffs to carry out the eviction can vary, and landlords should be prepared to cover these expenses if necessary.
Overall, the costs of obtaining an accelerated possession order can add up quickly, so landlords should carefully consider whether pursuing this legal route is the best course of action in their particular situation In some cases, it may be more cost-effective for landlords to try to negotiate a voluntary surrender of the property with the tenant or explore other remedies before resorting to court action.
It’s also worth noting that landlords may be able to recoup some of the costs associated with obtaining an accelerated possession order from the tenant For example, landlords may be able to claim back some of the court fees and legal expenses as part of the eviction process However, this will ultimately depend on the terms of the tenancy agreement and whether the court awards costs in favor of the landlord.
In conclusion, obtaining an accelerated possession order can be a necessary step for landlords seeking to regain possession of their property from difficult tenants However, it’s important for landlords to be aware of the costs associated with the accelerated possession order process and to budget accordingly By understanding the potential expenses involved, landlords can make informed decisions about how to proceed and ensure that they are financially prepared for the legal process ahead.