Possession Order but not Court Fee

[bsx043]

I have an Order for Possession from the court which includes an amount for rent arrears as well as the daily rate up to the time T vacates the property, but does not mention that the defendant pay my court fee (£100). Should the order include this (which the judge had allowed) or is it something that I should add when I have to enforce the order?

[davidjohnbutton]

You should have asked for it but in any event it should have been in the pleadings if it was a S8 which includes N119 which asks for possession arrears and costs.

If you did it on PCOL send the court a memo - if not email the court concerned and point out the error.

[bsx043]

Thanks, DJB, I claimed on s8 via PCOL and included in my witness statement a claim for court costs. At the hearing the Judge allowed my claim for £100 court fee but declined my other costs as LIP. I was given possession in 14 days with an order for rent arrears as mentioned above and court fee.

There are in fact three paragraphs in the order which states:

1. The defendant gives the claimant possession of (property address) on or before 7 June 2010.
2. The defendant pay the claimant £XXXX.XX for rent arrears and £YY.YY per day from 15 May 2010, until possession of the property is given to the claimant.
3. The defendant pay the total amount of £XXXX.XX to the claimant

It's the third paragraph that is confusing – the total amount stated there is exactly the same as the rent arrears figure in paragraph 2 (£XXXX.XX) and therefore seems inconsistent. I wonder if you can throw some light on this third paragraph before I raise the matter with the court about the fee if appropriate. Should this, for example, include the total costs including the court fee?

As a side issue, it has taken the court almost two weeks (admin backlog) to raise the 14 day possession order following my hearing on 10 May, which means that T has in effect been given 28 days from the hearing to vacate the property. I am concerned that any request for an amended order might delay things further.

[davidjohnbutton]

You will not delay the possession order by raising a query about the non-inclusion of the court fee though that in itself might be academical depanding on your chances of recovery.

I looks to me like either the judge has missed it off completely or the clerk drafting the PO has misread his or her writing.


Query it.