Eviction is one of the most serious steps a landlord can take, and it often involves significant legal and financial costs. For both landlords and tenants, one of the key concerns is who ultimately ends up paying these court fees. The answer depends on the type of eviction, the reason for possession and the outcome of the case.
Who normally pays court costs?
At the outset, landlords are responsible for covering court fees and associated costs when bringing an eviction claim. This includes the initial application fee for a possession order, which is currently around £391, plus any further costs if bailiffs or High Court enforcement officers are required to remove the tenant. In some cases, legal fees for solicitors and process servers are also added to the total.
These costs can quickly mount up, particularly if the eviction is contested or if the landlord chooses to transfer proceedings to the High Court for a quicker enforcement. In such situations, costs can reach well into the thousands.
Can landlords recover costs from tenants?
Whether a landlord can recover these costs from the tenant depends on the grounds for eviction. In a Section 8 eviction, which is based on tenant fault such as rent arrears or breach of tenancy, courts are more likely to award costs to the landlord. This means the tenant may be ordered to pay back the landlord’s court fees as part of the possession order.
By contrast, in a Section 21 eviction – the no-fault route – recovering costs is far more difficult. Since the tenant has not necessarily breached the tenancy, courts rarely order them to cover the landlord’s legal expenses. Even if a costs order is made, enforcement can be problematic if the tenant has limited financial resources.
Tenant liability for costs – when it might apply
There are situations where tenants can be held responsible for court costs. Some tenancy agreements include clauses stating that tenants must cover the landlord’s costs if they breach the tenancy and eviction proceedings follow. Courts may also decide a tenant should pay costs if their unreasonable behaviour – such as deliberately delaying proceedings or failing to comply with court orders – has increased the landlord’s expenses.
If a tenant is ordered to pay, they could also face additional enforcement fees. For example, if the landlord has to instruct bailiffs or transfer the case to the High Court, those costs can sometimes be recovered from the tenant if the court agrees. However, in practice, landlords often find recovery difficult if tenants do not have the means to pay.
Cost breakdown and process stages
To understand the potential financial burden, it helps to look at a typical eviction cost breakdown. Serving the initial notice might cost between £110 and £350 if a solicitor or process server is used. The possession application itself is currently set at £391. If the case proceeds to enforcement, County Court bailiffs can add around £360–£400. For landlords choosing High Court enforcement, costs may rise to £1,300–£1,400 or more.
This means a straightforward County Court eviction could cost around £1,300, while a more complex High Court eviction may exceed £2,200. Although High Court action is faster, it is significantly more expensive than the County Court route.
What this means for you as a landlord or tenant
For landlords, eviction costs are an unavoidable part of the process and must be budgeted for in advance. In fault-based cases, there may be a chance to recover some or all of these expenses, but this should not be assumed. For tenants, liability for court costs is usually limited unless they are at fault or the tenancy agreement specifically requires it.
At Osbourne Pinner Solicitors, we support both landlords and tenants in navigating eviction proceedings, including understanding the financial implications. We offer a free 30-minute consultation to help you understand your rights and responsibilities, and to ensure you make informed decisions about the next steps.
Arrange your consultation using the form below, or by calling 0203 983 5080 or emailing [email protected]. You can talk to our team by video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester.
