When it comes to renting out a property, there may come a time when a landlord needs to regain possession of their property from a tenant. In these situations, the landlord may need to go through the accelerated possession process, which is a quicker route to gaining possession of the property compared to the standard possession route.
One important aspect of the accelerated possession process is the court fee that landlords are required to pay in order to file for possession. Understanding the accelerated possession court fee is essential for landlords who find themselves in a situation where they need to regain possession of their property.
What is the accelerated possession court fee?
The accelerated possession court fee is the fee that landlords must pay in order to file for possession of their property through the accelerated possession process. As of 2021, the court fee for accelerated possession in England and Wales is £355. This fee must be paid when submitting the N5B form, which is the form used to start the accelerated possession process.
It’s important to note that the court fee is non-refundable, regardless of the outcome of the case. This means that if the court decides not to grant possession to the landlord, the fee will not be returned. Landlords should keep this in mind when deciding whether to pursue possession through the accelerated possession process.
Why is the accelerated possession court fee Required?
The accelerated possession court fee is required to cover the administrative costs associated with processing the landlord’s claim for possession. This fee goes towards funding the court’s time and resources needed to handle the case in a timely manner.
Additionally, the court fee acts as a deterrent for frivolous or unfounded possession claims. By requiring landlords to pay a fee to file for possession, it helps ensure that only legitimate cases are brought before the court. This helps to prevent the court system from being overwhelmed with frivolous claims, allowing for more efficient processing of legitimate cases.
How to Pay the accelerated possession court fee
Landlords can pay the accelerated possession court fee by either cheque or postal order. The fee must be made payable to “HM Courts and Tribunals Service” and should be sent along with the N5B form to the court where the claim is being filed.
It’s important to ensure that the correct amount is paid and that the payment is made in a timely manner. Failure to pay the court fee or paying the incorrect amount can result in delays in processing the claim for possession.
Alternatives to Paying the Accelerated Possession Court Fee
In certain circumstances, landlords may be eligible for fee remission or exemption for the accelerated possession court fee. Fee remission allows landlords who are unable to afford the court fee to have it waived or reduced based on their financial circumstances.
To apply for fee remission, landlords must fill out the EX160 form and submit it along with evidence of their financial situation. The court will then assess the application and determine whether the landlord is eligible for fee remission.
In cases where the landlord is successful in obtaining fee remission, they will not be required to pay the accelerated possession court fee. This can provide much-needed financial relief for landlords who may be facing financial difficulties.
In conclusion, understanding the accelerated possession court fee is crucial for landlords who are considering pursuing possession of their property through the accelerated possession process. By knowing how the fee is calculated, why it is required, and how to pay it, landlords can navigate the process with confidence and ensure that their claim for possession is handled in a timely and efficient manner.