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  • Court Fees

    HMCTS 223X100 (1)

    The fees vary as they depend on the value of the claim and whether the claim is suitable for issuing using the courts online facility.

    Court Fees

A section 21 notice is sent to tenants in order to bring the tenancy agreement to an end. There does not need to have been a breach but a tenancy agreement cannot be brought to an end this way before the expiry of the fixed term of the tenancy agreement. The wording of the notice that should be sent varies dependent on whether the notice is being sent during the fixed tem of the tenancy agreement or after (when the tenancy agreement will have become a ‘periodic tenancy’) and will give two months’ notice to the tenants to leave.

Once the time period given in the section 21 notice has expired, and if the tenants have not left, the landlord can apply to the court for a possession order which a judge must make.

When enforcing a section 21 notice through the courts, a landlord can opt for one of two court procedures, the accelerated possession procedure or a standard claim for possession.

 

The Accelerate Possession Procedure

An application for possession is made to the court. No court hearing is involved unless the tenants dispute the claim or the judge finds an error in the paperwork. There is, generally, no defence available to the tenants if the paperwork is in order but tenants can ask the court for more time to leave the property up to a maximum of forty-two days.

This is a quicker procedure for recovering possession, however, it is not possible to claim for rent arrears or any other sums owed. A certain amount of legal costs can be recovered.

 

The Standard Claim for Possession

An application for possession is made to the court and the claim is listed for a court hearing. At the hearing, the judge can make an order for possession and order that the tenants pay any rent arrears and charges for their occupation until possession is taken.

This is a slower procedure for recovering possession because a court hearing is necessary, however, it is possible to claim for rent arrears or any other sums owed. A certain amount of legal costs can be recovered.