The costs of possession proceedings

In an article entitled ‘Short changed?’ in the New Law Journal of 4 May, Francis Davey of 169 Temple Chambers considered who pays the costs of possession in the light of CPR rule 45.1(1), which provides that where one of the grounds of possession is arrears of rent the costs recoverable are limited to £276.75 (being £150 court fee, £69.50 commencement cost and £57.25 costs on entry of judgment ‘unless the court orders otherwise’. The author observes that no guidance is provided in the rules about the extent of the court’s discretion in respect of costs and that practitioners will be familiar with the widely varying approach of judges to the question. The two-page article is worth reading in full and the author summarises his advice as follows: