Court fees are recoverable if you succeed
The court fee for the N5 claim (approximately £391), the warrant of possession fee (approximately £110), and fixed costs are all recoverable from the tenant as part of the judgment in a successful possession claim. Keep all payment receipts.
Overview of Section 8 possession costs
| Stage | Approximate cost (2026) | Recoverable from tenant? |
|---|---|---|
| Section 8 Notice (LS-E-010) | From £19.99 (LetSafe) | Rarely (fixed costs only) |
| N5 Possession claim — court fee | £391 | Yes — added to judgment |
| Service of claim (if by bailiff) | Included in court fee | Yes |
| Standard-track hearing — court-appointed date | Nil additional fee | N/A |
| Solicitor — undefended claim (guide only) | £300–£700+VAT | Fixed costs only (~£99) |
| Solicitor — defended hearing (guide only) | £800–£2,500+VAT | Partial — court discretion |
| Warrant of possession | £110 | Yes — added to judgment |
| High Court writ of possession (transfer) | £71 + HCEO costs (~£200–£400) | Partially |
Stage 1 — Section 8 Notice
Before issuing a possession claim, the landlord must serve a valid Section 8 Notice on the tenant using the prescribed form introduced under the Renters' Rights Act 2025. A correctly drafted and served notice is essential — a defective notice can result in the claim being struck out, wasting court fees.
- Cost of the Section 8 Notice itself: LetSafe LS-E-010 provides the correct Section 8 Notice with grounds selection and service guidance from £19.99. Solicitor-drafted notices cost significantly more but add value in complex cases
- Service method matters: Using a service method that provides evidence of delivery — signed-for post, hand delivery with a witness, or a process server — is important. If service is disputed at the hearing, a court bailiff can be used to serve the notice at additional cost
- Minimum notice period: Most Section 8 grounds require 2 weeks' or 2 months' notice (or 4 months for certain grounds such as Ground 6). The notice cannot be shorter than the statutory minimum — getting this wrong is the most common defect in possession notices
Stage 2 — Issuing the N5 possession claim
- Court fee — £391: The fee for issuing an N5 possession claim for a residential property is approximately £391 (verify at the time of filing on the HMCTS website). This fee applies whether the claim is undefended or defended
- Additional money claim fee: If you include a money claim (rent arrears, damages) in the N5 claim, an additional fee is payable based on the claim value. For arrears up to £3,000, the additional fee is approximately £115; for £3,000–£5,000, it is approximately £205; for £5,000–£10,000, approximately £455
- Online issue — Possession Claims Online (PCOL): Landlords can issue possession claims online via PCOL. The online system accepts payment by card and generates a claim number immediately. Some courts accept online issues only; always check HMCTS guidance before issuing by post
- Particulars of claim: The N5 must include clear particulars — the grounds relied on, the notice dates, the amount of arrears (if any), and the relief sought (possession plus money judgment if applicable). Errors in the particulars can delay proceedings or require amendment (which may attract a further fee)
Stage 3 — The possession hearing
- No additional court fee for a standard-track hearing: The N5 issue fee covers the listing of the possession hearing. No additional fee is payable for attending the hearing itself
- Legal representation costs: In undefended or straightforward possession claims, landlords can represent themselves at the hearing (known as 'in person' or 'litigant in person'). Where legal representation is used, solicitor costs for an undefended hearing typically run to £300–£700 plus VAT. For defended hearings, costs of £800–£2,500 plus VAT or more are common for specialist housing solicitors
- Costs orders at hearing: In a successful undefended possession claim, the court may make a fixed costs order of approximately £99 plus the court fee against the tenant. In defended cases, the court has broader discretion to award reasonable costs — but on the small claims track (where money claims are under £10,000), costs recovery is severely restricted
Stage 4 — Enforcing the possession order: warrant of possession
- Warrant of possession fee — £110: Where the tenant does not vacate by the date set in the possession order, the landlord must apply for a warrant of possession to instruct County Court bailiffs. The fee is approximately £110
- County Court bailiff timeline: County Court bailiffs are often heavily backlogged. In busy areas, bailiff appointments can take 8–12 weeks after application. Where faster enforcement is needed, landlords with possession orders for arrears over £600 can transfer the case to the High Court for a writ of possession
- High Court Enforcement Officer (HCEO) — writ of possession: Transferring to the High Court costs approximately £71 (transfer fee) plus the HCEO's enforcement costs (typically £200–£400 plus VAT for residential possession). HCEOs can often attend within 1–3 weeks of instructing, significantly faster than County Court bailiffs
What can I recover from the tenant?
- Court fees are recoverable: The N5 claim fee, any additional money claim fee, and the warrant of possession fee are all added to the judgment and recoverable from the former tenant
- Fixed costs: Where costs are awarded at the possession hearing, fixed costs of approximately £99 are typically awarded on top of the court fee for standard undefended claims
- Interest on arrears: Interest at 8% per annum accrues on a money judgment from the date of the order under the Judgments Act 1838
- Not recoverable — solicitor's profit costs (small claims): On the small claims track (money claim under £10,000), the tenant is not ordered to pay your solicitor's hourly-rate costs at the hearing. This is a significant limitation for landlords with relatively modest arrears claims who choose to be legally represented
Total cost summary — worked examples
| Scenario | Approximate total outlay | Recovery from tenant |
|---|---|---|
| DIY undefended — possession only | £391 claim fee + £110 warrant = £501 | £501 + £99 fixed costs |
| DIY undefended — possession + £3,000 arrears | £391 + £115 money fee + £110 warrant = £616 | £616 + £99 fixed costs + judgment for £3,000 + 8% interest |
| Solicitor — undefended claim | £391 + £300–£700 solicitor + £110 warrant = £800–£1,200 | ~£501 + £99 fixed costs (solicitor fee largely irrecoverable on small claims) |
| Solicitor — defended claim | £391 + £800–£2,500 solicitor + £110 warrant = £1,300–£3,000 | Court discretion — partial costs award possible on fast/multi track |
LetSafe UK documents for Section 8 proceedings
- Section 8 Notice (LS-E-010): The correct Section 8 Notice for England from 1 May 2026 — prescribed form, all 18 grounds with guidance, correct notice periods, and service checklist. Avoiding a defective notice is the best way to avoid wasted court fees
- Periodic Assured Tenancy Agreement (LS-E-001): A well-drafted tenancy agreement with clear rent obligation provisions strengthens both the Section 8 grounds (particularly Ground 8 — two months' rent arrears) and any money claim for damages