Eviction in England and Wales involves a legal process that can be both time-consuming and costly. The question of who bears these costs often comes to mind, especially as landlords and tenants work through the complexities of eviction notices, possession orders, and court hearings.

The answer to who pays eviction costs largely depends on factors such as the type of tenancy, the reason for the eviction, and the outcome of the court proceedings.

Our team of cost draftsmen at Greener Costs are highly experienced in helping clients deal with their legal costs following the conclusion of their case. If you would like more information on our costing services regarding eviction costs, then please do not hesitate to get in touch with us today.

Understanding the Eviction Process

The eviction process typically begins with the landlord serving notice to the tenant. For most residential properties, this applies to tenants under an assured shorthold tenancy (AST). There are two primary types of eviction notices that a landlord can serve: Section 21 notices and Section 8 notices.

1. Section 21 Notices: A Section 21 notice is often referred to as a “no-fault” eviction notice. This notice allows the landlord to reclaim possession of the property at the end of a fixed-term tenancy or during a periodic tenancy without needing to provide a reason. The process is typically faster, especially when an accelerated possession order is sought.
2. Section 8 Notices: A Section 8 notice is used when the landlord has grounds for eviction, such as rent arrears or breaches of the tenancy agreement. The notice specifies the grounds under which the landlord is seeking possession, and if the tenant does not vacate, the landlord can apply for a possession order through the court.

Costs Associated with an Eviction

The costs involved in eviction in the UK can vary depending on the nature of the case and the steps involved. Some of the main costs can include:

• Serving Notice: A fee a landlord may incur is the fee for serving the eviction notice. While landlords can serve the notice themselves, many opt to use eviction specialists to ensure the notice is served correctly, which may incur a fee.
• Court Application Fees: If the tenant does not leave after being served with an eviction notice, the landlord must apply for a possession order in the county court. The application fee for a standard possession order is usually around £355, but this can vary depending on the case. In the case of an accelerated possession order, the fee is typically lower, given the streamlined process.
• Court Hearing: If the case goes to a court hearing, additional costs may arise, especially if the landlord chooses to hire legal representation. While some cases, particularly those involving a Section 21 notice, may be handled without a hearing, others, particularly those under Section 8, often require one. During the hearing, the judge will award a possession order with costs if the landlord is successful.
• Enforcement Costs: If the tenant still refuses to vacate the property after the possession order is granted, the landlord may need to employ a high court bailiff to enforce the eviction. This process can involve significant costs, including fees for transferring the case to the High Court and paying the bailiff’s charges.

Who Pays the Eviction Costs?

The question of who ultimately pays the costs associated with an eviction largely depends on the outcome of the court proceedings.

If the court grants the possession order in favour of the landlord, the judge may order the tenant to pay the landlord’s legal costs. These costs can include court application fees, legal representation expenses, and any costs associated with enforcing the eviction. However, the tenant’s ability to pay these costs is also considered, and in some cases, particularly if the tenant has limited financial means, recovering these costs can be challenging.

However, if the court finds that the eviction is not justified, such as in cases where the landlord has failed to meet the legal requirements for serving a Section 21 notice, the landlord may be ordered to pay the tenant’s legal costs. While this is less likely to happen, it can still occur, especially if the eviction process was flawed or the landlord acted improperly.

In some instances, both parties may reach a settlement before the court hearing. This settlement could include an agreement on how the costs will be handled, potentially offering a more cost-effective solution for both the landlord and the tenant.

How can Greener Costs assist?

Evicting a tenant in England and Wales involves various costs, which can add up quickly depending on the complexity of the case. While the court may order the losing party to pay court costs and all the other costs involved in the case, recovery is not always straightforward.

Our team of expert Costs Draftsmen and Costs Lawyers can be relied upon to maximise your recovery of legal costs in eviction claims.

With twenty years of experience in the cost law industry, our team have the knowledge and expertise to prepare Bills of Costs, Points of Dispute and Costs Budgets.

As a digital legal costs service, we can ensure swift results and fast communications. If our clients would like regular updates on the status of their cases, we can provide this. This is possible through our management system, which consistently tracks the progress of our cases.

If you have any questions about our services or who pays eviction costs, please contact us at 01204 263047 or email us at info@greenercosts.co.uk.