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9:57 AM, 8th February 2024, About 3 months ago 17
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Landlords in the UK are struggling to regain their properties from tenants who have breached their tenancies or stopped paying rent, due to inefficiencies and backlogs in the court system, a leading tenant eviction specialist says.
The situation is expected to worsen with the potential abolition of Section 21, which allows landlords to evict tenants without giving a reason, under the Renters (Reform) Bill.
Recently, Property118 highlighted the case of Dr Renée Hoenderkamp, a landlord who filed an eviction notice in January 2023, and who is still waiting for a bailiff appointment after 13 months.
Her tenant has damaged her property and owes her rent.
She isn’t the only landlord struggling to get a court date – and landlords also have to face a backlog in bailiff availability.
Paul Shamplina, the founder of Landlord Action, a company that helps landlords with eviction cases, said: “It’s incredibly disheartening to see landlords facing such prolonged delays in regaining possession of their properties.
“It’s a system in crisis. The inefficiencies within the court system are causing undue hardship for landlords who simply wish to exercise their legal rights.”
He says that the delays have serious consequences for landlords who have tenants causing anti-social behaviour or not paying rent.
He adds: “It is important to point out that these are also not Section 21 ‘no-fault’ evictions where perhaps the landlord wants to sell, they are Section 8 evictions which have been brought to court because the tenant has breached their tenancy agreement, and the judge has granted possession.
“Yet landlords are still being forced to wait months and months to get their properties back.”
Mr Shamplina also says that the court system is failing to balance the rights of landlords and tenants, with landlords suffering from administrative shortcomings.
He adds that getting a court date is a lengthy ordeal for many landlords who want to evict their tenants.
Even after the court grants them possession, they will have to wait longer to get the sealed court order that allows them to use bailiffs.
Bailiffs won’t book an eviction date without the sealed order, slowing the process down even further and creating frustration for landlords.
The abolition of Section 21 could make the situation even worse, as landlords will have to rely on the overloaded court system to evict tenants.
However, the government says that Section 21 won’t be abolished until the courts can handle the caseload.
Mr Shamplina said: “Surely, it’s time for substantive reforms, including the option for landlords to employ High Court Enforcement Officers in cases of significant arrears exceeding six months, mitigating the backlog and ensuring a balanced, effective resolution mechanism for both landlords and tenants.
“Despite the severity of the situation, this is still not happening frequently enough.
“Landlords deserve a judicial system that operates with transparency, accountability, and timely efficiency, yet the current situation is the most dire we’ve encountered at Landlord Action.”
For help and advice about tenant eviction and collecting arrears, then Landlord Action may be able to help:
Specialists in tenant eviction and debt collection. Regulated by The Law Society.
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When can I get my property back?
Michael Booth
15:25 PM, 8th February 2024, About 3 months ago
Reply to the comment left by A W at 08/02/2024 - 15:02Next time it happens inform them that they are breaking the homeless reduction act 2017 and homeless code of practise act , and will be seeking compensation for the advise they have given to stay this via your solicitor that shakes them into action, if not sue .via small claims your solicitor will know if you will win or lose .
david boughton
15:26 PM, 8th February 2024, About 3 months ago
It's time to sell up and let our great leaders sort out places for people to live ....we have sold 5.... ten to go ...keeping my commercial units ...wish...i had bought more shop units years ago far easier to manage
Mike T
16:01 PM, 8th February 2024, About 3 months ago
The court system in this country is a Joke.
I eventually managed to evict a tenant. The house was a mess. Illegal wiring of multiple power points General damage and filth everywhere.
I pursued the arears using the 'My Money' online process.
The tenant (now ex tenant) submitted his defence and admitted that he owed the amount that I was claiming circa £2000. He offered to pay £5.00 per month. I would have to live to be the oldest man ever to see it repaid. I suggested to the court a more appropriate amount of £50 ( but was prepared to be flexible). The magistrate questioned the tenant as to why he had not paid the full amount of rent due. The reply, from tenant, was " because I had added value to the property" How did you do that ? asked the magistrate." By having a new (free) gas boiler fitted under the governments Green Deal as my daughter is still of school age" said ex tenant. The magistrate then ruled on the matter saying, As you did that we will set aside the Landlords claim for the £2000. !!???
The 'free' Boiler cost me over £350 to alterations needed to pipework. You just can't believe it ! BUT, just a minute : This so called free boiler was fitted 5 YEARS previously.. plus now out of warranty !!
and the school kid is in employment.
Is it any wonder why I am selling up all my rental properties.
TheMaluka
16:26 PM, 8th February 2024, About 3 months ago
Reply to the comment left by Mike T at 08/02/2024 - 16:01
Thank you for that story, I laughed in mutual frustration. The magistrate needs to be sacked.
Cider Drinker
18:15 PM, 8th February 2024, About 3 months ago
Many of the grounds under Section 8 are ‘no fault of the tenant’.
Maybe part of the problem could be due to an increase in demand as interest rates rise, the threat of the Renters (Reform) Bill and a post-
Covid backlog.
These delays do not help with the housing crisis. Keeping bad tenants in a property denies a better family of a home. It also drives landlords towards the holiday let business.
TheBiggerPicture
12:34 PM, 9th February 2024, About 3 months ago
Reply to the comment left by Dylan Morris at 08/02/2024 - 12:44
I don't think they have released any. I don't think it would be politically astute to do so at this point.
Having met several members, and been to the conference, my assumption is that the party is broadly Thatcherite.
They believe in minimal state, rule of law and low taxes.
These factors should benefit both tenants and landlords.
Gerry Murphy
15:13 PM, 10th February 2024, About 3 months ago
Can I ask what roughly is the estimated Court time from possession to eviction warrant in the Milton Keynes area? I was told by the legal aid possession gives 42 days max. If the tenant still remains its not as lengthy to get a baliffs warrant at all. I was also told that because the tenant has no defence (admitting themselves) then the tenant is liable to pay for the court cost definitely.
I will appreciate any information or feedback 😊