Can I recover costs in possession proceedings?

Answer

Securing a judgment from the court, which includes a nominal sum for legal fees and the court fee, does not guarantee immediate payment. While landlords can pursue reimbursement of costs incurred during the process of regaining possession of their property, the primary objective for most landlords remains securing possession, with any financial recovery considered an additional benefit.

In many cases, landlords incorporate clauses in their tenancy agreements, granting them the authority to recover the costs associated with reclaiming possession from their tenants. However, it's important to note that court rules governing possession claims establish fixed costs, typically limited to the court issue fee and approximately £70 (at present) for legal costs. Generally, the court does not grant landlords their actual legal fees, unless the proceedings deviate from the standard and become more intricate.

For instance, if additional hearings beyond the initial one are required by the court, the proceedings are deemed more complex. Unless landlords are covered by legal expenses insurance that caters to their legal fees or the tenant settles with payment of these fees, financing possession proceedings becomes the responsibility of the landlord, with minimal chances of cost recovery from the tenant. 

Trying to get possession of the property often involves a financial investment by the landlord, where any restitution of costs is dependent on specific circumstances, making it imperative for landlords to carefully weigh the potential costs against the potential benefits.