Who pays the court costs for an eviction in the UK?

Summary

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. 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. 1. Application for a possession order (online): £391 for a standard possession order claim through the County Court. 2. Accelerated possession claim (for Section 21 cases): £391, used when no rent is owed, and the tenant is failing to vacate. 3. Application for a warrant of possession (if the tenant does not leave after a possession order): £143 for County Court bailiff services. 4. 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.

Key information

• 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.
• 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.
• 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
• 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.
• 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.
• 1. Application for a possession order (online): £391 for a standard possession order claim through the County Court. 2. Accelerated possession claim (for Section 21 cases): £391, used when no rent is owed, and the tenant is failing to vacate. 3. Application for a warrant of possession (if the tenant does not leave after a possession order): £143 for County Court bailiff services. 4. 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."

Practical guidance

• Source: Who pays the court costs for an eviction in the UK?

Related topics

More in this area

• Evicting a residential tenant
• Notice seeking possession: Your complete guide
• Ask the council to check if your rented home needs repairs
• How long does a possession order take?
• How long does it take to evict a tenant? Guide for landlords