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jghomer
12-02-2010, 13:44 PM
I have a possession hearing with a troublesome tenant in a few weeks.

It's the S8/N5 route, not acclerated possession, as i'm chasing large arrears too.

I am confident the tenant will just pay enough rent so he is not 2 months in arrears and thereby avoid a possession order being granted.

My question is, in these cases, will the tenant still be ordered to pay the £150 court fee or not?

PaulF
12-02-2010, 18:19 PM
What Grounds did you state in your S.8 Notice? You will need Grounds 10 & 11 in addition to Ground 8 if your claim is to stand a chance of success, but both are discretionary, whereas proving Ground 8 is mandatory and will get you possession if your application is valid. You cannot however refuse to accept rent from your tenant in the interim period.

mind the gap
12-02-2010, 18:22 PM
What Grounds did you state in your S.8 Notice? You will need Grounds 10 & 11 in addition to Ground 8 if your claim is to stand a chance of success, but both are discretionary, whereas proving Ground 8 is mandatory and will get you possession if your application is valid. You cannot however refuse to accept rent from your tenant in the interim period.

I am not sure any of this addresses OP's question, which was:



My question is, in these cases, will the tenant still be ordered to pay the £150 court fee or not?

jghomer, I do not know whether your tenant can be required to pay the court fee - my instinct tells me not, but perhaps some one with relevant experience can enlighten us?

Preston
12-02-2010, 20:54 PM
My question is, in these cases, will the tenant still be ordered to pay the £150 court fee or not?

If you are given a possession order the court fee will almost always be awarded against the tenant if you apply for it.

mind the gap
12-02-2010, 21:15 PM
If you are given a possession order the court fee will almost always be awarded against the tenant if you apply for it.
Thanks, Preston. But if you are not (for whatever reason), do you have to pay it yourself?

Preston
12-02-2010, 21:25 PM
Thanks, Preston. But if you are not (for whatever reason), do you have to pay it yourself?

It depends. If your application fails entirely, then almost certainly yes. But there are various types of "non possession order", such as adjournment on terms, which are usually accompanied by an order for the tenant to pay the application fee. Such "non orders" are, though, rare, in relation to ASTs.