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2 years ago | 29 comments
Claiming solicitor costs (not court fees) from tenant deposit?
12:01 AM, 10th September 2024, 2 years ago
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Hi, my tenant refused to leave by the section 21 deadline, so I had to file an accelerated possession order claim with the court to remove them.
I tried to keep legal advice to a minimum and only had a solicitor sanitize and submit my N5B possession form and supporting documents.
On the form, I checked the box to claim legal costs (section 21), but it seems the solicitor only requested the £391 court application fee, not their own legal fees.
The court granted possession, and the order just states that “the defendant pays the claimant’s costs of £391.”
I am now trying to claim the solicitor fees from the tenant’s deposit. The tenant disputes this as, in their eyes, “the court didn’t allow them so why should the dispute process?” Of course, my court order did not consider a claim for the solicitor fees.
Can anyone confirm whether they have applied for court and solicitor’s fees on their possession application? Are solicitor fees typically awarded too? And if so, does the court order specify only the costs allowed, or does it mention if solicitor fees were disallowed but court fees were accepted?
I am wondering what chances I have now of claiming legal services fees on the deposit.
I can see a logic to the tenant’s claim that it is not shown on the court order and would welcome any advice or argument that I can put forward. I am hesitant to contact my solicitor again as I have settled up and do not want to incur further costs.
Thanks,
Brian
Tags:
accelerated possession order, claiming solicitor fees from deposit, landlord eviction process, legal costs for eviction, possession order court fees, section 21 possession claim, tenant disputes legal fees, tenant refused to leave
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Member Since October 2022 - Comments: 402
9:26 AM, 10th September 2024, About 2 years ago
You could have included solicitors costs in your claim.
I’d make a claim on the deposit, at worst it goes to the dispute resolution process and you don’t get it. Cost nothing
Member Since May 2024 - Comments: 27
10:09 AM, 10th September 2024, About 2 years ago
What does your ast state most have a section covering court costs, from personal experience I no longer get into a discussion about end of tenancy costs and let the deposit scheme decide, it takes a bit of work but stops all the arguments with the tennant
Member Since October 2020 - Comments: 1172
10:49 AM, 10th September 2024, About 2 years ago
I believe you can claim fixed legal costs, but these will not cover the solicitors fees.
Member Since May 2016 - Comments: 1574 - Articles: 16
12:23 PM, 10th September 2024, About 2 years ago
Well-drafted Tenancy agreements can include an ” Indemnity ” clause, placing the loss caused by the Tenants default of any part of the tenancy agreement, recoverable.
I’ve seen some AST’s go even further and be more explicit in terms of not complying with a legally valid Section 21 Notice, thereby incurring legal costs.
Member Since July 2024 - Comments: 112
9:27 AM, 18th September 2024, About 2 years ago
Reply to the comment left by Chris @ Possession Friend at 10/09/2024 – 12:23
Hey.. these are good. Do you have more clauses or precise wording? I am adding these clauses to my upcoming AST’s.. suffering from dealing with a tenant from hell right now so need to tighten up who I let into my property from now on.