How Much Does it Cost to Evict a Tenant in the UK?

Going to court to evict a tenant is usually a last resort, but unfortunately, it is sometimes a necessity for landlords. While no landlord wants to escalate a dispute, receiving a favourable court decision can be a massive weight off your shoulders when dealing with difficult tenants. First, however, you need to understand what the potential court fees are in the UK and who pays them, so that you do not pursue court proceedings without being able to pay court costs.

There are plenty of reasons why landlords may feel it is necessary to evict a tenant. Sometimes the eviction process can be dealt with quickly and efficiently with no issues between the landlord and tenant, and no need for further legal assistance. However, occasionally evicting a tenant is much easier said than done.

If a dispute arises when evicting tenants and it cannot be resolved amicably, you may have to attend a court hearing where a judge will decide on the outcome. This is sometimes the only option landlords have to remove the tenant from the property, as a court order can be enforced to restore the property to your control. Before a landlord decides to go to court, however, they should understand what the court's fees are and who will end up paying them.

In this short guide, we explain exactly what court fees you can expect to face in the eviction process, whether you can ask the tenant to pay these fees, and how Percy Hughes & Roberts Solicitors can assist with tenant disputes or any eviction proceedings you may wish to pursue. If you have any questions we have not answered, our specialist landlord solicitors are happy to speak to you regarding your landlord query. You can contact us by completing the enquiry form below or by calling 0151 666 9090.

An Eviction in the UK - Who Pays Court Costs?

Who pays for court costs for an eviction in the UK depends on the circumstances of the case. Generally speaking, a landlord is responsible for their court costs and legal fees. However, in some scenarios a tenant may be forced to cover some, if not all, of the court costs.

Some of these scenarios include:

• When there is a clause in the tenancy agreement relating to who pays court costs for an eviction
• If the tenant has behaved unreasonably and added to the landlord's costs
• If the judge awards a possession order with costs

If the judge hands down a favourable decision to the landlord and awards a possession order with costs, landlords can often reclaim some of the fixed costs. These fixed costs include:

• The court fee of between £404
• A judgement cost of approximately £57
• Costs on commencement, between £15-£77

The court may also choose to alter the fixed costs if the defendant has shown unreasonable conduct throughout the case which has added to the claimant's costs.

Money awarded by the courts to a successful landlord will only cover the fixed costs, rather than any actual expense of the legal proceedings. Legal expenses can only be recovered if a clause is included in the tenancy agreement, which might make provision for costs to be recovered from the tenant's deposit.

How Do You Recover Court Costs from a Tenant?

Recovering court costs from a tenant is often not straightforward. In circumstances where a landlord is unable to recover legal costs of proceedings directly from the tenant, or there is no clear provision within the tenancy agreement allowing for the recovery of administration charges, it is often common practice to recover costs through a general service charge.

Often, there is a clause in a tenancy agreement that allows the landlord to pass on the costs of court proceedings to tenants through service charges. Service charges are property maintenance payments paid to the landlord. They are used for repairs, general upkeep and building insurance.

Service charge claims in the County Court are usually processed through the small claims track. This is a court procedure for dealing with the resolution of civil disputes used for claims of £10,000 or less.

What Are the Court Fees for Evicting a Tenant?

Evicting a tenant in the UK can cost anywhere from £1,300 to £3,000 or more, depending on whether you go through the County Court or the High Court. While it may not be your responsibility to pay court costs in some cases, as we have noted, it is important to consider the costs before taking legal action in case you cannot reclaim them from the tenant. The fees can include:

• Serving notice
• Possession orders
• Bailiffs to enforce Possession Orders

Both an accelerated possession order and a standard possession claim cost £404, although there may be additional fees, such as bailiff fees, charged in addition.

There are several requirements that a landlord must meet during the eviction process, including providing a suitable notice period (usually at least two months' notice) for the tenant to move out. Failure to give tenants notice or other legal errors can leave the eviction invalid and unable to proceed.

If you are evicting a tenant because of unpaid rent arrears, you should also consider that eviction costs may far exceed any missing rent payments you are able to recover. If the tenant pays some of the lost rent before your court date, the eviction process might be halted, which can result in paying court costs for an eviction that cannot go ahead.