Evictions can be expensive and stressful for both landlords and tenants. If you’re a landlord considering legal action, you’re probably wondering - who pays the court costs? In this guide, we’ll break down the typical fees involved in an eviction, who is responsible for paying them, and whether landlords can recover these costs from tenants.
What are the court fees for evicting a tenant?
If a tenant refuses to leave a rental property, a landlord may need to go to court to regain possession. The exact court fees depend on the type of eviction process used.
Typical court fees for an eviction
Application for a possession order (online): £391 for a standard possession order claim through the County Court.
Accelerated possession claim (for Section 21 cases): £391, used when no rent is owed, and the tenant is failing to vacate.
Application for a warrant of possession (if the tenant does not leave after a possession order): £143 for County Court bailiff services.
High Court Enforcement Officer (HCEO) involvement: Transfer to the High Court for eviction can mean further costs. This can exceed £1,000.
💡 Editor's insight: "Court fees can change, so always check the latest government guidance or consult the County Court for up-to-date charges. Before starting legal action, consider talking to your tenant - they may agree to leave voluntarily, avoiding extra costs. You could also explore mediation or other dispute resolution options to reach an agreement."
Who pays the court costs for an eviction?
In most cases, the landlord pays the court fees when filing for possession. These fees must be paid upfront to start legal proceedings. While you may pay initially, you can try to reclaim some or all of these costs. However, this does depend on the circumstances and the type of notice served.
Do different rules apply for a Section 8 vs. Section 21?
Yes, the rules differ depending on the notice type:
Section 21 (no-fault eviction): Under a Section 21 notice, the landlord is not entitled to claim unpaid rent or damages in most circumstances. As a result, recovering legal fees and court costs from the tenant is not always possible. Even if successful, the landlord may bear the burden of these costs.
Section 8 (fault-based eviction): In some cases, the landlord is evicting the tenant due to a breach such as owing rent. If the claim is successful, the court may order the tenant to pay the landlord’s costs. However, this depends on the judge and whether the tenant can pay.
Can you recover court costs from a tenant?
Landlords can sometimes ask the court to order a tenant to cover legal costs, but this isn’t guaranteed, and even if approved, getting the money back can be difficult. If you’re evicting a tenant under Section 8, there’s a better chance of recovering costs, especially if the court finds the tenant has breached their tenancy agreement. However, if you’re using a Section 21 notice, it’s much harder to claim these costs since this type of eviction doesn’t require the tenant to have done anything wrong.
Challenges in recovering costs
Even if a landlord wins the case, collecting the money from tenants in arrears can be difficult. They may be in financial debt and can not afford to pay. There is also a chance the tenant will not pay and you will have to take further action. Enforcing a cost order may need extra legal steps. This could be hiring bailiffs or a collection agency, which can cost more for the landlord.
Can you get help with court fees?
Landlords may seek help with court fees in certain situations:
Fee remission for low-income landlords: A landlord with limited income may be able to get reduced or waived court fees. This is through the Help with Fees scheme. This depends on income and savings.
Legal aid for tenants: Landlords usually have to pay initial court fees. Tenants facing eviction can sometimes access legal aid or free advice from charities, such as Shelter or Citizens Advice. Landlords don’t usually get legal aid for eviction cases, but it depends on the individual circumstances.
FAQs
How do I prove my court costs?
To recover costs, landlords must present documentation of expenses. Landlords should show receipts for filing fees and bailiff services. These are then shown as evidence during the court hearing.
What happens if a tenant refuses to pay court-ordered costs?
If the court orders the tenant to pay costs but they fail to do so, landlords can escalate enforcement. This may involve hiring bailiffs or applying for a County Court Judgment (CCJ) against the tenant. This can affect their credit rating in the future.
Final thoughts
Knowing who pays court costs for an eviction is important for landlords. While landlords typically cover the upfront fees, there are some cases - particularly with Section 8 notices - where costs may be recovered.
It’s always worth staying up to date with the latest eviction rules and considering dispute resolution to help cut costs and potentially speed up the process. If you need advice on your rights as a landlord or tenant, our experienced solicitors are here to help. Get in touch today for a free, fixed fee quote and to see how we can help.
References
Get help paying court and tribunal fees by Gov.UK
Possession and eviction by Shelter
Get help if you're being evicted by Citizens Advice
County court judgments for debt by Gov.UK
Disclaimer: Please note this article is intended for informational purposes only. This article does not advise on a specific situation, and we do not accept any liability for errors, omissions or misstatements. Always seek advice from a professional.
