Eviction – This will make you angry!

by Mark Alexander

3 months ago

Eviction – This will make you angry!

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Eviction – This will make you angry!

The housing charity “Shelter” have formally admitted that it can take a landlord 8 months to evict a tenant using a section 21 notice. The admission is in the form of their latest viral video campaign. Despite this, they continue bleat that legislation is biased in favour of landlords.

How can taking 8 months for a person to take possession of their own property be seen as biased towards landlords?

What if you want to sell the property or move back into it yourself?

What if you desperately want to get rid of a bad tenant for the sake of your finances or the sanity of the neighbouring households?

Received a section 21 notice? Don’t panic – if there’s no alternative, you can stay in your home beyond the two months’ notice.

Posted by Shelter on Friday, March 23, 2018

 

Only 5% of tenancies are ended by landlords. In many cases, section 21 is used on the basis the Courts cannot refuse to grant an eviction order, and even this is subject to the landlord proving he/she has been fully compliant with regulations!

If you’re a landlord yourself you will forgive my perception that the above is biased towards tenants.

The alternative way to evict a tenant who doesn’t pay on time, doesn’t respect their neighbours and/or doesn’t respect the property is to serve a section 8 notice. However, despite the initial notice period being only two weeks, the end goal of evicting a bad tenant can take far longer than 8 months to achieve, because the Courts have discretion.

Shelter and the Labour party are campaigning for tenants to have even more rights than they do now. They are well organised and well funded to produce propaganda designed to provoke anti-landlord sentiment.

Nevertheless, an opportunity exists for you to help us to fight back. If you wish to make a donation please Click Here

People living next door to a rogue tenant might even want to get involved when they understand the realities of the situation, even if they are not landlords themselves.

Please at share this article on Social Media, e.g. Facebook and Twitter to show your support .

Thanks in advance.



Comments

Monty Bodkin

3 months ago

I think someone should let their CEO know.

https://www.independent.co.uk/news/uk/politics/labour-housing-rules-renters-evictions-election-manifesto-jeremy-corbyn-landlords-conservatives-a8123041.html

Polly Neate, the CEO of Shelter, said........

“Every day, our expert advisers hear harrowing stories of people under intense pressure from these notices. They leave families desperate, with just two months to pack up and find somewhere new to live

silversurfer2017

3 months ago

My wife recently had a letter from Shelter asking for a donation so that they could employ more solicitors to help the homeless. She wrote back saying that instead of just hassling overstretched councils providing homes was the answer. She said she would be prepared to donate to Shelter but firstly needed to know the number of homes Shelter provided to house homeless people each year. That was about a month ago and no reply has been received.

David Dorset

3 months ago

I have recently seen on the TV programme Can't pay? We'll take it away! They keep quoting that landlords have upgraded proceedings to the high court and once approved the eviction is imminent and immediate. Is this possible?
I only had one experience with Shelter and it wasn't pleasant. Unfortunately, for them, they included me on an internal email which was highly unprofessional in its content. I complained and told them to go away and with their self interest at heart they did just that. The tenant was formally and legally evicted 4 weeks later.
I think rogue landlords are fewer and fewer these days yet we all seem to get tarnished with the same brush.

Luke P

3 months ago

Reply to the comment left by David Dorset at 30/03/2018 - 10:57
Converting a County Court Possession Order into a High Court Writ allows the use of Sheriffs/High Court Enforcement Officers (HCEOs) -the people that work for the company filmed for Can’t Pay? we’ll Take It Away!- who are a private business paid on a positive result (unlike the state run County Court Bailiffs who are paid regardless) and consequently act within around 5-10 days after instruction.

Chris Mccauley

3 months ago

The Government and councils have left it to private landlords to pick up the pieces after deserting thier moral responsibility to help ordinary folk into reasonable housing. Now Landlords get the blame for the housing crisis. If landlords sell up due to red tape and extra cost what then?

Luke P

3 months ago

Reply to the comment left by Chris Mccauley at 30/03/2018 - 17:44
You’ll be forced into remaining through a ban on selling/extreme punitive taxes (if you relieve yourself of the burden)/state management orders before being allocated a tenant by the state.
I’m only half-joking, we can all refer back to this as an accurate prediction should Corbyn ever be elected…actually I’m not even certain anymore that the Conservatives wouldn’t implement a version of the above.

DALE ROBERTS

3 months ago

Applying to the High Court for permission to transfer the eviction up is not guaranteed. I applied on the 1st March 2018, after the County Court gave me a possession and judgement order. The request for High Court Writs of Possession and Control was denied. The judge advised that the High Court Bailiffs are "under extreme pressure" although he did not elaborate. However, an eviction date was set for the 3rd April 2018 to be done by a Country Court Bailiff. It cost me a further GBP1200 to apply to the High Court for this permission. In total it will have taken me 6 months to evict the tenant but she has withheld rent for 8 months ie she stopped paying rent on receipt of a Section 21. I also served a Section 8 after she refused to vacate and baldly stated she would "wait for the Bailiffs."
And the tenant had no defenses to cite that I was in anyway derelict as a landlord.
I am hoping the Bailiff will evict her without her further delaying the repossession of my property or adding to my mounting losses.

Chris Daniel

3 months ago

Have a look at a 'spat' I had with Giles Peaker of Nearly Legal on his article, 'I can serve this only once'
I quote his over indulgence in Shelter's web site and the unfairness of Tenants amongst other things.
I'd encourage you to join in and vilify his biased opinion against landlords.

Mark Alexander

3 months ago

Reply to the comment left by Chris Daniel at 30/03/2018 - 21:11
Isn’t his business partner still the Policy Director at RLA?

If he is, and if Giles is as pro-Tenant as you suggest, there must be a lot of tension in his office!

I’ve long since come to the conclusion that Giles is a wind up artist. In fact, he does so much of it I’m surprised he can find the time to do any paid work as a solicitor

DALE ROBERTS

3 months ago

Reply to the comment left by Chris Daniel at 30/03/2018 - 21:11
To be utterly frank Chris, after 7 years of investing in the UK as a non UK resident and facing the biased onslaught of anti landlord sentiment and increasing discriminatory legislation I do not wish to remain invested in the UK.
It has become tedious and futile and extremely expensive to challenge the "tenant mentality" that government encourages and I do not wish to be made responsible for the housing shortage created by short sighted policies which result in my financial status being jeopardised because the law says I cannot evict a non-paying tenant until I actually have a Bailiff arrive at the property to do so. And the process to achieve that is stressful and lengthy and expensive. The fact that one loses possession of a property once a tenant is handed the keys should be enough of a deterrent. There is no equivalent investment which would denude me of all rights in the same manner.
We've all attempted to refute the general delusion that landlords charge exorbitant rents and capriciously evict tenants. But the meme has become entrenched and is going to worsen with ever more adamantine legislation.
I am selling my UK property portfolio. I refuse to subject myself to this level of blatant oppression.
But all kudos to you for continuing the fight. I would have felt even more alienated and furious at the system if I thought I was alone.

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