Who Pays the Court Costs for an Eviction in the UK?

This page was updated 9 June 2026 to reflect the Renter’s Rights Act. 

If you’re a landlord who lets out residential property to tenants, there’s a good chance that you’ll someday need to recover possession through eviction proceedings.

There are many reasons why you might wish to evict a tenant — before or after the end of their tenancy agreement.

Landlords frequently seek to terminate a tenancy for one or more of the following reasons:

• They want to occupy the property personally 
• They wish to sell the property without an existing tenancy 
• Rent arrears
• Antisocial behaviour
• Nuisance 
• Unauthorised subletting
• Deliberate or negligent damage to property 
• If you let residential property to a tenant the tenancy is now named an Assured Periodic Tenancy following the changes made by the Renters Rights Act 2025. 

Here, we’ll focus on the costs of evicting a tenant in England* using Section 8 proceedings. From 1 May 2026 it is no longer possible to evict a tenant using a Section 21 notice. 

What Are the Court Fees for Evicting a Tenant?

Evicting a tenant is a lengthy and complex process. 

Getting only one step wrong can result in wasted months and having to start the whole process again. For this reason, getting this right at the outset is incredibly important and valuable for any landlord.

You may be responsible for some or all of the following expenses to evict a tenant.

Legal Costs

Instructing a specialist tenant eviction solicitor is not technically required, but due to the precise nature of the legal processes (notices and court proceedings) and the need for detailed compliance by landlords to succeed, many landlords elect to instruct specialist litigation solicitors to assist them in this process. 

The good news is that our specialist property solicitors are legally qualified, insured and experienced.

We advise landlords across the country on Section 8 notices. We’re experienced in handling claims against tenants, even if the tenant refuses to leave.

A significant percentage of tenants will vacate a property voluntarily upon receiving a Section 8 notice.

However, if your tenant elects to remain in the property and defend the claim for possession, at least one hearing before the court will be required.

There are many reasons a tenant may choose to defend against a possession claim, including:

• Improper service or errors in the Section 8 notice that render it invalid;
• Disputed grounds for possession;
• Failure to properly protect the tenant’s deposit; or
• Some other reason why the tenant says they should not be forced to leave.

A claim for possession of a property leaves a tenant at risk of being forced to leave their home. 

The courts, therefore, treat these claims seriously, and it’s essential that all details are correct. 

Additionally, a tenant may make allegations and pursue counterclaims against you, most commonly based on the following:

•  Property disrepair;
•  Mishandling of a deposit; and/or
•  Harassment.

Because evicting a tenant can be fraught with difficulties and requires precise attention to detail, the possession process is often stressful and time-consuming.

Many landlords instruct expert tenant eviction property dispute solicitors to handle every step of the process.

If you ultimately prevail in a possession claim and eviction, the court may determine that you can recover a portion of your legal fees from the tenant. One of the difficulties in recovering these sums (and any unpaid rent) from a tenant is that renters often do not own assets. This also increases the need for speed and accuracy and in ensuring everything is correct.

Lost Rent

If your Section 8 notice is found to be invalid, it can lead to significant delays in the possession process and additional loss of rent in cases where arrears can’t be recovered.

Court Costs

If a claim is needed after a notice has been sent but ignored, the next step is to issue a claim for possession of the property in the county court to apply for a possession order.

The court fee for issuing a claim as of June 2026* is £404.

Once your claim for possession has been issued by the Court, the Court will notify your tenant, provide them with a copy of the claim, and set a hearing date. 

At this hearing, the Court will determine whether an Order for possession should be made. 

Once obtained, the possession order sets a date for the tenant to vacate the property — typically 14 days after the order is made.

However, the notice period can be extended up to a maximum of 42 days at the Court’s discretion. 

If the tenant fails to vacate after the date set by the Court, you will then be entitled to request a warrant or writ of possession — essentially a bailiffs’ warrant to regain possession.

You can file Form N325 or Form N325A (for suspended possession orders) with the county court or apply to have the possession order moved to the High Court. 

Applying to the High Court is not always faster and is usually more expensive — High Court evictions typically cost at least £1,000 more than County Court evictions.

Once the notice period of the possession order has expired, you can instruct County Court Bailiffs or High Court Enforcement Officers (HCEOs) to evict your tenants.

Typically, the Bailiffs or HCEOs will give the tenant at least 14 days’ notice to vacate the property. 

In practice there are usually long delays of at least 3 months for a bailiffs’ warrant at the county court.

In 2026, the average cost of evicting a residential tenant is between £3,000 and £5,000, including court and bailiff fees.

Before embarking on the eviction process without legal advice, it’s essential to consider the potential downsides. 

Improperly served Section 8 notices can significantly delay an already lengthy process. 

If you don’t follow the prescribed possession process to end a tenancy, you could face heavy fines or even criminal charges if your tenant alleges threats or harassment.

Worse still you might find yourself liable for the tenants legal costs as well as your own. 

Legal aid can fund a renter’s legal fees, but landlords are not eligible for financial assistance. 

If your notice or claim is found to be invalid, you can lose up to six months of time and unpaid rent, and any court fees paid.

You may also be found liable to the tenant for thousands of pounds in costs. 

For many landlords, instructing expert eviction solicitors is a worthwhile investment, rather than risking incurring such costs.

Who Pays Court Costs for an Eviction?

Landlords are typically responsible for court costs in eviction proceedings, although there may be circumstances where you can recoup some or all of your fees.

Your tenant may be responsible for court costs and legal fees if:

• The tenancy agreement or lease specifies that the tenant is responsible for eviction costs
• The tenant’s unreasonable behaviour has caused you to incur additional fees
• You are awarded an order for possession with costs

Unless the lease contains a clause that your tenant will be liable for the cost of a solicitor or other legal fees, you won’t be able to recover the cost of using an eviction solicitor to regain possession of your property.

For all the above reasons the benefits of using a specialist property dispute solicitor often outweigh the costs. 

The expert property litigation team at Helix Law provides transparent costs for Section 8evictions. 

Who Pays Court Costs After a Section 8?

You must give grounds for possession in Section 8 proceedings.

A Section 8 claim will always be listed for at least one hearing before the court.

Court fees may increase depending on the complexity of the case.

 The judge may award you some or all of your court costs.

Unless your tenancy agreement makes the tenant liable for lawyer’s fees, you won’t be able to recover those costs.

Can Court Costs Be Recovered From a Tenant in England?

Yes, a tenant can be made liable for some or all of the fixed court fees incurred through the Section 8 eviction process.

However, legal fees paid to lawyers or solicitors cannot be recovered unless there is a provision for liability in the tenancy agreement.

In some instances, your landlord insurance — if you have it — can cover some or all of your legal costs.

Unfortunately, recovering your awarded court costs can be easier said than done — particularly in cases involving substantial rent arrears and a tenant’s inability to pay.

You may need to instruct debt recovery lawyers to recoup court fees in addition to rent arrears and any other awarded costs.

Need Advice? Contact Helix Law.

No landlord rents out a property hoping to evict a tenant, but it’s frequently the last resort.

It’s essential to understand that residential tenants enjoy significant legal protections. 

Failing to follow the residential eviction process to the letter can lead to significant delays — or much worse.

The best time to protect yourself when letting out residential property is when drafting the tenancy agreement and it can be exceptionally important to obtain a property owning guarantor, if possible.

Helix Law’s expert property eviction solicitors act for landlords in disputes nationwide and are more than happy to help.

We have transparent fees to assist you with navigating the Section 8 eviction routes from start to finish.

Get in touch with Helix Law today. We aim to respond to all queries within an hour.

*Residential eviction procedures differ in Northern Ireland, Scotland, and Wales