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  • Buy-to-Let

    Increase in Court Fees on 22 April

    Here is the text of a mailing I have just sent out to everyone on my mailing list - which I have put here at Vanessa's request:

    Court fees will be going up on 22 April. The court fee for eviction proceedings for example will go up from ?175 to ?280 and the PCOL fee (the possession claims online service used for rent arrears claims only) will go up to ?250.

    Other changes are:

    >> the introduction of a generic issue fee (?280) for all non-money cases across the civil court system
    >> increases to issue fees for money claims with a value of over ?1,500
    >> the removal of the fees to submit a directions questionnaire and listing fees - the cost of these processes are now included in the issue fee and the hearing fee
    >> increases in small claims track hearing fees
    >> the introduction of the same general application fees across the civil court system, including family proceedings
    >> increases to fees charged in judicial review proceedings from £60 to £140 for an application for permission and from ?215 to ?700 for a hearing or oral renewal application

    I understand that the enforcement fees are currently unchanged but that they will be undergoing a separate review.

    For an explanation of why this is happening see >> this pdf report - there is a list of all the fee increases in Annex A.

    If you are thinking about bringing legal proceedings you may want to consider starting them now so as to avoid the fee increases. Although I expect a lot of people will be doing this which will probably put a lot of strain on the courts and may result in delays.

    NB If you want to join my mailing list you can do this >> here.
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    Tessa Shepperon Landlord Law | Landlord Law Blog |

    Given how much S8 case are going to cost, can a landlord make the tenant pay the fee, if the tenant is 2 months behind on rent on the date the landlord starts the case, but is not on the court hearing date?

    If so, is the fee added on in working out if the tenant is 2 months behind on rent? (E.g. can the landlord allocate any payment to cover the fee other then outstanding rent?)
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    Ian, not included in the calculations that's for sure. It should be brought up in the hearing that costs paid by the defendant. Should be no issues.

    55% Increase in Fees and Cut Legal Aid.
    Conservatives, keeping low income out of rich men's game. (although I do agree that the tax payer subsidises should be cut!)
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    THIS PROPERTY TRIBES ACCOUNT IS NO LONGER USED. DO NOT SEND PRIVATE MESSAGES.

    YOU CAN REACH ME AT BESPOKE FINANCE for HMO Mortgages, Cheap Life Insurance and Limited Company Buy-to-Let on 08009202001


    In eviction cases, when the landlord wins, I would like to see the fee refunded to the landlord, and the court to then recover it from the tenant.

    If someone mugs me, I am not expecting to pay the costs of the court case, so why is it different when someone steals my property by refusing to leave after being given correct notice?

    (In a money recovery case, I can decide that is not cost effect to being the case, as the tenant is unlikely to every pay the court costs that they are ordered to pay. This is not an option in an eviction case.)
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    Someone mugs you its criminal law, if someone breaks a contract its not criminal. Its a contractual dispute under common law. Even if judge sides in your favour, its not theft - they have instead broke a contract.

    I do agree with you about collection of funds though, lot easier if it was an official body.
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    THIS PROPERTY TRIBES ACCOUNT IS NO LONGER USED. DO NOT SEND PRIVATE MESSAGES.

    YOU CAN REACH ME AT BESPOKE FINANCE for HMO Mortgages, Cheap Life Insurance and Limited Company Buy-to-Let on 08009202001

    The thought of evicting a tenant is one of a landlord's worse nightmares, so we took that into account when creating our market leading Guaranteed Rent scheme.

    Our blog of 10th April covers this subject in some detail, with thanks to Landlord Law

    You can read here

    The best way to never experience a bad tenant is of course to undertake robust tenant vetting and referencing, or ensuring that your letting agent does. We at Northwood take tenant vetting/referencing very seriously, which is why we can offer our Guaranteed Rent with confidence.
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