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Suppose Theodore the statutory periodic assured tenant is served with a Notice under s.21, Housing Act 1988 by Larry his landlord and then stays until Larry applies to a court for a possession order by posting a £300+ fee.

Then Theodore stays again until Larry pays additional £100+ fee to request for bailiffs to remove Theodore.

Suppose Larry further pays a lawyer £1000 to submit all of these processes to the court etc. 4 months later, bailiffs have come and ushered Theodore out of the premises.

Can Larry ever claim any of these legal costs of £1400+ from Theodore? What are the rules that determine whether Larry will be awarded these or any of these costs?

1 Answer 1

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Yes:

Your landlord can start court action once the date on the section 21 notice has passed.

The costs of an eviction can be at least £500. You may have to pay for the costs of the eviction if the notice is valid. Source - Shelter

Even if the landlord's claim is successful, whether it is actually settled by the tenant may well depend on their financial status and ability to pay.

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  • 3
    This link might actually be even more relevant: england.shelter.org.uk/housing_advice/eviction/…
    – Joseph P.
    Jun 6 at 12:04
  • Are you just as likely to pay the second eviction order application fee as you are for the first possession order hearing fee? The common doctrine is that the tenant is doing nothing wrong by defying an s21 but I can understand wanting to penalize him for defying a courts own possession order to wait for an eviction order.
    – Joseph P.
    Jun 6 at 22:39
  • But why would a possession hearing cost be awarded to a landlord of a tenant did nothing wrong by waiting for it?
    – Joseph P.
    Jun 6 at 22:40
  • I think county court might limit cost awards only to court fees and not solicitors' fees?
    – Joseph P.
    Jun 20 at 20:29

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