• an accelerated possession claim, where T has neither denied liability, nor delivered a defence or counter-claim;
• where one of the grounds for possession is arrears of rent, and T has either (i) not denied liability of delivered a defence, or (ii) has delivered a defence but that is limited to payment proposals only;
• where T gives up possession and pays the amount claimed, including the fixed commencement costs.

CPR45.1(1) says that fixed costs are all that can be paid ‘unless the court orders otherwise’. However, it is worth noting that it may be possible for L to bypass the fixed-cost regime by adding to the tenancy agreement a provision entitling L to recover its reasonable legal costs. This is the approach taken by mortgage lenders and such contractual provisions have been held to be valid. Moreover, the principle is not confined to mortgage lenders; in Church Commissioners [1997] the defendant was an assured shorthold T with a fixed term of two years, subject to a tenancy agreement giving L the contractual right to a costs indemnity. However, the trial judge awarded an amount that was identical to the fixed costs at that time, and L appealed with CA deciding that L was entitled to his reasonable costs on the indemnity basis.. © Practical Lawyer