Landlord Action against more court fee rises

by Paul Shamplina

3 years ago

Landlord Action against more court fee rises

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Landlord Action against more court fee rises

The Ministry of Justice has proposed to charge 5% of the value of the claim to all court cases worth more than £10,000, which it estimates will bring in an extra £120m a year.landlord action

A further consultation has also opened on extra charges for possession claims and general applications in civil proceedings.

Possession claim fees will rise by £75, which the fee for general applications will go up from £50 to £100 for applications made by consent and from £155 to £255 for contested claims. These increases will apply equally to all applicants.

We are absolutely opposed to each and every one of the justifications given by the Ministry of Justice for enhanced court fees.

Our responses to each of these are details as follows:-

Consultation justification:
– The fee remains low, compared to the overall costs of litigation;

Landlord Action response:
The market place for practitioners carrying out possession claims is extremely competitive. As a result you will often find that the court fees exceed the amount paid for the practitioner for carrying out the legal work. More often than not, the court fee will make up approximately 50% of the overall cost of litigation.

Consultation justification:
– Costs are recoverable from the opponent in successful proceedings;

Landlord Action response:
In 99% of cases the costs are not recoverable because:-
a. The money order granted by the court is not a registered County Court Judgment. In order to make it a registered CCJ, the Claimant has to issue recovery proceedings which will involve further expense including court fees
b. The defendant often has no money or any means of paying

Consultation justification:
– Claims can be brought under conditional fee arrangements

Landlord Action response:
This only works if costs are recoverable

Consultation justification:
– Fee remissions are available to those who qualify.

Landlord Action response:
Very few landlord claimants qualify for fee remissions

Landlord Action are industry leading specialists in tenant eviction and if you need their assistance please complete the contact form below 🙂

Contact Landlord Action

Specialists in tenant eviction and debt collection. Regulated by The Law Society.


Comments

Mick Roberts

3 years ago

Yet again, government not having a clue. If they think because we won possession, the tenant then says 'Oh Mr nice Landlord, here's that £2000 we owe you', well yeah....

Most of my Housing Benefit tenants don't give a hoot about Bailiffs coming round. When they don't answer door to my builders, I have to tell builder to put note through door & ring 'em, 'cause if put note through door to say builder for such & such, tenant will then ring builder as he's getting into his van & quite openly saying 'Oh I din't answer, thought u was bailiff'.

They ain't paying any money back if Mr Judge says so.


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