Review Hearings are adding a further delay to evictions!

Review Hearings are adding a further delay to evictions!

16:06 PM, 30th November 2020, About 11 months ago 5

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In addition to the temporary ban on evictions implemented to help sustain tenancies and prevent homelessness during the COVID-19 pandemic, since re-opening, the courts have now introduced Review Hearings. The reason given for this is to enable them to prioritise the most urgent eviction cases. Landlord Action has set up a team to handle the additional workload caused, but Review Hearings are adding time and cost to landlords’ existing cases.

The purpose of the new Review Hearing, which is carried out over the phone, is to determine whether the landlord’s case should proceed to a substantive hearing at a later date. However, in order to determine this, landlords, or their solicitors, are required to provide a Review Bundle.  This comprises; the claims form, particulars of the claim, defence, rent statements for the last two years with a running total of arrears, daily rate of rent and interest, the tenancy agreement, statements setting out previous attempts to recover arrears and the effect of Covid on the landlord, any information on the effect of Covid on the tenants and an Order from court.

The Review Bundle must be filed at court via email and a copy issued to the tenants 14 days prior to the Review Hearing. If the bundle is not filed, cases can be struck out.

Paul Shamplina, founder of Landlord Action comments: “We understand that this stage has been introduced to alleviate the current backlog of cases and assist the courts in prioritising the most urgent cases. However, it is adding a further delay for landlords, which in turn means additional costs.

“The level of work required to prepare Review Bundles is substantial and as such, Landlord Action has had to set up a whole new team dedicated to dealing specifically with the extra work that the Review Hearings process has created. Whether a landlord’s case proceeds as priority to a Substantive Hearing will be determined by the evidence submitted prior to the hearing so there is no margin for error.

“We are doing everything we can to minimise this delay for landlords but it is unexpected additional work. We then have to replicate the work again for a Substantive Hearing, which is set for some time after the Review Hearing and requires attendance and representation.”

One positive for landlords, is that it is possible that a settlement could be reached at Review Hearing which would prevent the case having to go to court.  In addition, on a couple of Review Hearings, Landlord Action has received a possession order rather than directions for a further hearing.

Contact Landlord Action

Specialists in tenant eviction and debt collection. Regulated by The Law Society.


Comments

by Dr Rosalind Beck

11:43 AM, 1st December 2020, About 11 months ago

My understanding is also that certain cases which haven’t been de-activated need to be re-activated – no doubt another trap many landlords will fall into. The whole thing is a farce.

by DSR

12:14 PM, 1st December 2020, About 11 months ago

farce indeed! Another ploy I think to try and make you give up progressing with the eviction. It wont work though! If any LL is in the position where they have to do this, clearly it IS the last resort.
All is happening is the process is protracted even longer than it needs to be. An absolute joke, with the only person splitting their sides being the person who needs evicting.
There should have been priority from the outset of the courts re-opening for ANY pre covid evictions to be heard no matter what the circumstance. Once you get those out of the way then by all means prioritise post Covid cases, be again don't create full on court constipation by adding more paperwork and hoops to jump through the way.

by Manni

12:38 PM, 1st December 2020, About 11 months ago

Guess he read my post. Thanks Paul.
I have been given a date for review with no time on it. Guess I’m going have to wait around all day for that call. Even more waste of a landlords time!!!!!!!!

by Ian Simpson

7:21 AM, 5th December 2020, About 10 months ago

Yes, we have just gone through the Review (Thanks : LAndlord Action!!) I think all passed, and we now await the hearing date (Section 21 served Nov 2019, Section 8(8) and Section 8(11) also served Dec 2019...!! I got the impression from the court email that a hearing date would be within 28days of the review date but we have heard nothing as yet.

by Manni

7:50 AM, 5th December 2020, About 10 months ago

Hey Ian
Is is s21 or s8 you have proceeded with?


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