Q&As

The customer is filing a claim for possession using the accelerated possession procedure. If the matter is dealt with solely on the paperwork (as is usual) and the Judge grants an order for possession then there is usually an order for fixed costs. However, the tenancy agreement makes provision for costs to be paid by the tenant. Is it possible to include a claim all landlord’s costs to be considered by the Judge in the particulars and, if so, how should this be dealt with?

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Produced in partnership with Sarah Finch of Hamlins
Published on LexisPSL on 04/09/2017

The following Property Disputes Q&A produced in partnership with Sarah Finch of Hamlins provides comprehensive and up to date legal information covering:

  • The customer is filing a claim for possession using the accelerated possession procedure. If the matter is dealt with solely on the paperwork (as is usual) and the Judge grants an order for possession then there is usually an order for fixed costs. However, the tenancy agreement makes provision for costs to be paid by the tenant. Is it possible to include a claim all landlord’s costs to be considered by the Judge in the particulars and, if so, how should this be dealt with?
  • Accelerated possession procedure
  • Pursuing costs under the terms of the lease

The customer is filing a claim for possession using the accelerated possession procedure. If the matter is dealt with solely on the paperwork (as is usual) and the Judge grants an order for possession then there is usually an order for fixed costs. However, the tenancy agreement makes provision for costs to be paid by the tenant. Is it possible to include a claim all landlord’s costs to be considered by the Judge in the particulars and, if so, how should this be dealt with?

The rules relating to possession claims are found in CPR Part 55 and specific rules for the accelerated possession claims of properties let of assured shorthold tenancies are found in Section II. For an overview of the CPR Part 55 procedure, see Practice Note: Drafting notes for claim form in s 21 notice to quit standard possession proceedings for bringing a claim for

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