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Question

Applying to Court for Possession — Accelerated Procedure (England) | Ending a Tenancy (England) | England

No order to costs

2 Sep 2021 | 3 comments

We applied to court for accelerated possession and clearly stated we wanted to claim for court costs i.e. cost of the claim. The paperwork returned from courts grants possession and states ‘no order to costs’ – what does that mean? is this a mistake or can we still claim for the cost (which is stated in the TA)?

Thank you in advance

Answer

3 Comments

  1. guildy

    That is strange. Normally, a reference to costs is a reference to other costs such as solicitor costs. Normally, the claim fee is automatically awarded and the order wouldn’t normally reference the claim fee as “costs”.

    Just double check that the “claim fee” isn’t separately shown on the order somewhere.

    Otherwise, we can only suggest contacting the county court because it is very unusual and there shouldn’t be any reason whatsoever why the claim fee isn’t payable by the tenant.

  2. JungleProperty

    We appealed this to the court and this was their response ‘The Defendant has done everything she can to find alternative accommodation but unfortunately without success, and she has objected to paying the costs on the basis that the situation is not of her making. In all the circumstances the court does not consider a costs order against the Defendant to be appropriate.’

  3. guildy

    The problem is, the next stage would be a formal appeal to a higher court or circuit judge which could be very lengthy and costly.

    In the first instance, it might be worth contacting a solicitor and get their view. There’s one on the website who offer a free 10 minute consultation for Guild subscribers.

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