Accelerated Possession

Accelerated possession is a procedure used by landlords in England and Wales to regain possession or evict a tenant of a property that has been rented out under an assured shorthold tenancy (AST). It is called “accelerated” because, in theory, it is a quicker method than obtaining a Standard Possession Order, especially when there are no rent arrears to claim.

The landlord can only use the accelerated possession procedure if:

• A written assured shorthold tenancy agreement was in place.
• The fixed term of the tenancy has ended.
• The landlord has served a Section 21 notice provided the tenant to vacate the property. The landlord must serve notice of two months.

Typically, an accelerated possession claim is decided on paper, meaning there is usually no court hearing. This makes the process quicker. However, a hearing may be arranged if there are issues with the paperwork or if the tenant raises a significant defence.

If the County Court grants an Accelerated Possession Order, the tenant must leave the property within 14 days. In certain circumstances, this can be extended to 42 days if leaving earlier would cause the tenant exceptional hardship.

With the accelerated procedure, landlords can’t claim for any rent arrears. If they wish to reclaim unpaid rent, they would have to make a separate claim.

If the tenant doesn’t leave by the date specified in the possession order, the landlord can apply for a warrant for possession. This allows bailiffs to evict the tenant.

Accelerated Possession Costs

The Court Fee for obtaining a Section 21 Accelerated possession Order costs £355. A successful party will also be entitled to recover legal costs from the losing party. These may be fixed costs, or standard basis costs depending on the circumstances of the case and will include costs for legal advice, Counsel, and disbursements, such as expert witness fees.

In an accelerated possession claim, where the Defendant does not bring a counterclaim nor otherwise denies liability, the costs will typically be lower. If the Defendant does defend the claim and it goes to trial, the costs will be higher to reflect the increased time and effort required to resolve the dispute.

It’s important to note that as of 1 October 2023, fixed costs generally only apply in undefended cases, as per CPR 45.1(2)(d) however, it is common for their to be a contractual obligation to pay full standard basis costs in any tenancy agreement, which overrides the provisions of CPR 45.1. 

In relation to fixed costs, CPR 45.1(4) states the following:

“(4) Section VI and Section VII of this Part do not apply to a claim or counterclaim which relates, in whole or in part, to a residential property or dwelling and which, in respect of that property, includes a claim or counterclaim for—

(a)possession;

(b)disrepair; or

(c)unlawful eviction”

It is worth noting that even when fixed costs are applicable, they only account for a fraction of the total expenses for initiating a possession claim. Parties might also face extra costs such as Court fees and disbursements, which the losing party will bear.

How to Claim Accelerated Possession Costs?

To claim Accelerated Possession Costs, the Detailed Assessment Procedure must be followed in non-fixed costs cases when an order for inter-partes costs has been made. To initiate the process of Detailed Assessment, the receiving party must serve their Bill of Costs alongside a Notice of Commencement upon the paying Party.

If the paying party wishes to dispute the costs listed within the Bill, the should serve their Points of Dispute upon the Receiving party within 21 days. If Points of Dispute are not served within this period, the Receiving party can apply for a Default Costs Certificate. This will enable them to recover all costs listed within the Bill.

The receiving party can further negotiate costs with the paying party by serving replies to Points of Dispute. Parties should attempt to come to an agreement as to costs using this process before proceeding to Court. If an agreement cannot be reached, the receiving party will be required to make an application to the Court to arrange a Detailed Assessment or Provisional Assessment Hearing.

How can ARC Costs Assist with Accelerated Possession Costs Recovery?

ARC Costs can assist will all aspects of claiming or defending Accelerated Possession costs claims.

ARC Costs are a team of independent and experienced Costs Draftsmen and Costs Lawyers who regularly assist you in the recovery/contention of costs.

Whether you are the Paying Party or the Receiving Party, we hold vast experience in dealing with costs matters on both sides. 

We can assist in fixed recoverable costs cases and cases where costs are awarded on the standard basis, including the preparation/challenging of Bills of Costs, conducting of detailed assessment proceedings, and the preparation of Points of Dispute/Reply.

Should you require our assistance or have any further queries regarding costs, please contact us on 01204 397 302 or email one of the team at info@arccosts.co.uk. Alternatively, please complete our online enquiry form, and we will contact you to discuss your query or speak to our staff using the live chat function.

At ARC Costs, we also maintain an extensive legal network of expert Solicitors in the legal field of possession disputes.  If you intend to pursue a possession order, or have received a Section 21 notice, please do not hesitate to get in touch and we would be happy to pass on your query to one of the Solicitors on our panel.

We may receive payments from third party solicitors on our panel to whom we may refer your claim. We will never charge you for any referrals made to our panel of third parties.

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