Regaining possession of a property can be a complex and time-consuming process for landlords, particularly when legal procedures are involved. In England and Wales, one of the most efficient methods to expedite this process is through accelerated possession.

Our team of cost draftsmen at Greener Costs are highly experienced in assisting clients with their accelerated possession cost orders. Please get in touch with us today to find out how we can help you with your case.

What is Accelerated Possession?

Accelerated possession is a legal process in England and Wales that allows landlords to repossess their property without the need for a full court hearing. This procedure is specifically designed for situations where the tenant has an assured shorthold tenancy agreement (AST) and the landlord has already served a Section 21 notice. Unlike the standard possession order, the accelerated procedure is quicker because it usually does not require a court hearing unless the tenant contests the claim.

The process is termed “accelerated” because it is more straightforward and faster than other eviction methods, often resulting in a possession order within 14 days of the court receiving the application. It is important to know that accelerated possession cannot be used if the landlord is seeking to claim rent arrears; in such cases, a separate claim must be filed.

For landlords looking to evict a tenant using the accelerated procedure, the general process typically involves the following steps:

• Serving a Section 21 Notice: The first step is to correctly serve a Section 21 notice on the tenant. This notice must give the tenant at least two months to vacate the property.
• Filing an Accelerated Possession Claim: If the tenant does not leave by the date specified in the Section 21 notice, the landlord can apply to the county court for an accelerated possession order. This involves completing a form (N5B) and paying the court fee.
• Court Processing: Upon receiving the application, the court will review the documents. If everything is in order, the court will issue an accelerated possession order, usually within 14 days. In most cases, this order will instruct the tenants that they must leave the property within a specified period, typically 14 days.
• Enforcement: If the tenants do not vacate the property by the date set out in the possession order, the landlord can request a warrant for possession, which authorises bailiffs to remove the tenants. This step involves an additional court fee, and it may extend the timeframe by several weeks.

What Are Accelerated Possession Costs?

When a landlord chooses an accelerated possession order, there are costs involved to consider. The primary expense is the court fee. As of the time of writing in 2024, the fee for an accelerated possession claim is £355. This fee is paid when submitting the possession claim to the county court.

In addition to the court fee, landlords may also incur legal costs if they choose to seek legal advice or representation. While the accelerated procedure is designed to be straightforward, some landlords may prefer professional help to ensure all documentation is correctly completed, especially if the case becomes contested. Legal costs can vary widely depending on the complexity of the case and the solicitor’s fees.

Recovering Costs in Accelerated Possession Cases

In accelerated possession cases where a court has ordered one party (the paying party) to reimburse the other (the receiving party) for legal costs, a detailed assessment procedure will typically be followed.

The receiving party initiates this process by serving a detailed document called a Bill of Costs on the paying party. The Bill outlines the specific costs incurred during the legal proceedings. The paying party then has a 21-day period to raise any objections to the costs claimed. These objections are formally communicated through Points of Dispute.

If the paying party fails to submit Points of Dispute within the 21-day timeframe, the receiving party can apply for a Default Costs Certificate. This certificate certifies the full amount claimed in the Bill of Costs as recoverable.

To resolve disputes without resorting to court, parties can choose to engage in informal negotiations. During the negotiation process, the receiving party may provide additional information or justification for the costs claimed in response to the Points of Dispute. However, if negotiations prove unsuccessful, the matter will proceed to a court hearing. 

How can Greener Costs assist?

Our team of cost draftsmen have many years of experience in the area of cost drafting and negotiation. We are able to assist clients from all backgrounds and locations in England and Wales on a range of cases, including accelerated possession costs. We can help your case from the start of your dispute and can see it through all the way to preparing costs for assessment and representation at detailed assessment hearings and filing points of dispute.

If you wish to speak to a member of the team here at Greener Costs, then please contact us at 01204 263047, info@greenercosts.co.uk or use the online form on our website below.

We offer a nationwide service, assisting firms in all locations remotely. Please get in touch with us today to find out more.