Eviction is a legal process that landlords may need to initiate when a tenant breaches the terms of their tenancy agreement, such as by failing to pay rent or engaging in anti-social behavior. When it comes to evictions in the UK, a common question arises: who pays the court costs for an eviction?
This article will explain who is responsible for court costs during an eviction, the typical fees involved, and what landlords and tenants can expect during the process.
When a landlord seeks to evict a tenant in the UK, they must follow a legal process that may involve court action if the tenant refuses to leave voluntarily after being served with an eviction notice. The costs associated with this process can vary but typically include:
Let’s break down who typically bears these costs and under what circumstances.
In most cases, it is the landlord who initially pays the court costs to start the eviction process. The eviction procedure typically begins when the landlord serves the tenant with a notice to quit or notice seeking possession under one of two common grounds:
If the tenant does not leave after the notice period, the landlord must apply to the court for a possession order to legally remove the tenant. The fees associated with this process include:
While landlords pay the court fees upfront, they may be able to recover these costs from the tenant under certain conditions. If the eviction is due to a breach of the tenancy agreement, such as rent arrears or anti-social behavior (i.e., a Section 8 eviction), the court may order the tenant to pay the landlord’s legal costs.
Section 8 claims: If the landlord is successful in their eviction claim under Section 8, the court may rule that the tenant is responsible for paying the landlord’s court costs. This usually happens when the tenant has defaulted on rent or caused significant damage to the property.
Section 21 claims: For Section 21 no-fault evictions, landlords can request that the court awards costs against the tenant, but this is not guaranteed, and costs may be harder to recover in these cases. Since Section 21 evictions are often used when the landlord is not claiming any wrongdoing by the tenant, the court may not automatically impose cost liability on the tenant.
It’s important to note that even if the court orders the tenant to pay the landlord’s costs, actually recovering these costs can be challenging if the tenant is already in financial difficulties. If the tenant refuses to pay, the landlord may need to pursue further legal action to enforce the order, which can incur additional costs.
If the tenant refuses to vacate the property after the court grants a possession order, the landlord may need to apply for a warrant of possession and hire bailiffs to physically remove the tenant from the property. The fees associated with bailiffs include:
These additional costs are typically borne by the landlord, though they may be recoverable from the tenant if the court orders the tenant to pay.
While landlords typically bear the initial costs of taking a tenant to court, there are situations where the tenant may ultimately be responsible for paying some or all of the legal costs. These situations include:
If the tenant loses the case: If the court rules in favor of the landlord and the tenant has breached the tenancy agreement, the tenant may be ordered to pay the landlord’s court costs and possibly legal fees.
Unpaid rent: If the tenant owes rent arrears and the landlord is evicting them for this reason, the tenant could be ordered to pay both the rent arrears and the landlord’s legal costs.
If a tenant cannot afford to pay the court costs or rent arrears, the landlord may have to consider further enforcement options. These options include:
Enforcing the judgment: The landlord can apply for a County Court Judgment (CCJ) against the tenant, which can affect the tenant’s credit rating and ability to rent in the future.
Attachment of earnings: In some cases, landlords can request an attachment of earnings order, which allows the landlord to recover unpaid costs directly from the tenant’s wages.
Debt collection agencies: Landlords may also turn to debt collection agencies to recover unpaid costs, though this comes with additional fees.
Tenants facing eviction may be eligible for legal aid to cover some or all of their legal costs if they meet certain financial criteria. Legal aid can help tenants by providing legal advice, assistance with court representation, and help with understanding their rights during the eviction process.
In the UK, landlords typically pay the initial court costs when pursuing an eviction. However, if the landlord’s case is successful, especially in Section 8 evictions where the tenant has breached the tenancy agreement, the court may order the tenant to pay these costs. In cases of no-fault evictions under Section 21, recovering court costs from the tenant is less common.
It’s important for both landlords and tenants to understand their rights and responsibilities when it comes to eviction court costs. For landlords, seeking legal advice to manage the eviction process effectively and ensure compliance with UK laws can help minimize costs. For tenants, knowing your rights and exploring legal aid options can provide support during the eviction process.
If you're a landlord or tenant dealing with an eviction, consider consulting with a solicitor or property expert to ensure you're fully informed about the legal and financial implications of court costs.
