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Question

Landlord Wants Tenant to Leave (England) | Preventing Controlling and Recovering Rent Arrears (England)

bill of costs

12 Sep 2017 | 3 comments

hi guildy
i have served a warrant for possession after the necessary court order has expired and am am awaiting an appointment date for the balliffs, all this was done online.
i have today received a letter today from the courts for the order of possession (bit late) and i have noticed that it says i should send a bill of costs to the defendant .
when asked the judge on the day off hearing he said there was nothing more for me to do .
could you advise please
many thanks.

Answer

3 Comments

  1. guildy

    We heard of this for the first time from another member a few weeks ago. We think it must be a standard line now put at the bottom of all orders by default.

    You won’t need to do anything because your possession order will include an order that the tenant pays the costs of the application and if so, you won’t have any more costs incurred (that can be claimed).

  2. dkhiggs

    Hi Adrian, Given the above outcome I assume that the Landlord would – unless very “lucky” – need to pursue the ex-tenant for payment of any monies that have been agreed by the Judge through a civil action. The likely outcome of which is further expense with nothing to show for the action – except I assume, for a CC Judgement on the ex-tenants credit rating. Or, is there any other avenue open to Landlords in this position which does not incur additional costs?.

    • guildy

      It really depends on what the order was for. If it was a section 21 notice, the order will just be for possession and the court fee. If rent was owing, that would need to be pursued separately. If it was a section 8 based upon rent arrears, it will also contain an order that the tenant pay the arrears, in which case no further judgments are required and it will need enforcing for the money element.

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