Tenants not leaving even after section 21 has been issued?
3 years ago | 14 comments
Section 21 removal will cause chaos in courts
12:04 AM, 17th August 2023, 3 years ago
38
A leading industry body is warning the Justice Secretary that the removal of Section 21 will cause harm to the legal system.
Propertymark has written to Alex Chalk about the level of widespread concern from landlords and letting agents about the capacity of the courts to handle possession cases.
The Renters Reform Bill plans to abolish Section 21 and extend the grounds for possession under Section 8 which will mean even more cases have to go through the courts.
Lack of justice for landlords and tenants
Nathan Emerson, chief executive officer at Propertymark, points out the concerns from landlords and letting agents about the waiting times they could face in court to gain back possession of the property.
He said: “Since the Bill was published in May 2023 landlords and letting agents have expressed fears that they could end up left in limbo, uncertain how long they will be expected to wait for a hearing and ultimately, possession of their property.
“Failure to fund the courts properly means a lack of justice for landlords and tenants.”
Removal of Section 21 takes place alongside essential court reform
The industry body says without improving capacity in the court system proceedings to gain back property will be lengthy and expensive.
Propertymark argues that reforms to the court system are needed to speed up the process.
Mr Emerson said: “While most tenancies are ended by the tenant, landlords need to be confident that a property can be recovered quickly if the tenant has caused damage, stopped paying the rent or if the landlord’s circumstances change.
He added: “By adequately resourcing and reforming the existing courts system this will speed up the system, increase expertise in the decision-making process and ensure greater consistency with reduced costs.
“To improve access to justice for both landlords, letting agents and tenants, it is imperative that the removal of Section 21 takes place alongside essential court reform.”
The full letter to the Justice Secretary can be read here
Tags:
court backlog, courts, gaining back possession of property, letter to justice secretary, propertymark, Renters Reform Bill impact on legal system, section 21 removal
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Member Since June 2023 - Comments: 65
7:04 AM, 18th August 2023, About 3 years ago
Reply to the comment left by Peter Merrick at 18/08/2023 – 00:05
Unfortunately even a good tenant can suffer a change in circumstance which makes it difficult to continue paying the rent. Even their guarantors may soon exhaust surplus funds and refuse further support. Faced with eviction, courts may well be less than sympathetic to a landlord not seen in dire straits.
Member Since October 2022 - Comments: 207
9:45 AM, 18th August 2023, About 3 years ago
Reply to the comment left by Russell Cartner at 18/08/2023 – 00:09
Most people are generally law-abiding and happy to play fair if you don’t screw them over, but you really have to be careful to to avoid the unscrupulous ones who will try to get through the door of the unwary. I have had cases where potential tenants decided they”weren’t comfortable” with the level of information required and decided to look elsewhere.
Member Since June 2023 - Comments: 188
10:47 AM, 18th August 2023, About 3 years ago
Reply to the comment left by Peter Merrick at 18/08/2023 – 09:45
Law abiding with money coming in quickly turn to tenants from Hell. Goverment Looney Left Shelter and Generation policies will cause massive litigation bills, with no rent coming in. Everyone has sold up or is selling up there’s no rent left. Without Sec 21 the courts will be even more jammed than they are now. Litigation Lawyers are salivating @ £300 per hour.. PRS is stuffed get out and invest elsewhere
Member Since March 2023 - Comments: 1507
6:24 PM, 18th August 2023, About 3 years ago
Reply to the comment left by Russell Cartner at 18/08/2023 – 10:47
I have used Paul Shampalinas’ Landlord Action company in the past to get rid of tenants, they can step in at any point in the process. Reasonable price and professional.
Member Since June 2023 - Comments: 188
6:48 PM, 18th August 2023, About 3 years ago
I have Direct Line Landlord Insurance with DAS Law. Accelerated Sec 21 with Order of Possession to be sent to Court on Monday
Taken a long while and not over yet but best left to Litigation Lawyers.
PRS is stuffed, so I need out whilst I have Sec 21.
Landlords with any sense need to get out now.
Litigation costs and no rent will bankrupt you
Member Since May 2019 - Comments: 123
10:17 AM, 19th August 2023, About 3 years ago
With the final nail in PRS coffin ready to be nailed home will this herald the subsequent demise of Polly’s Shelter and Generation Rent?
Carchester
Member Since May 2014 - Comments: 620
10:54 AM, 19th August 2023, About 3 years ago
Reply to the comment left by Carchester at 19/08/2023 – 10:17
If there is any justice it should herald their demise.
It is clear Shelter are not on the side of renters otherwise they would not promote changes in the law that will see a large proportion of people scramble to find a diminishing supply of accommodation
This is happening now and can only get worse.
There is something going on here that does not add up!
Member Since June 2023 - Comments: 188
11:45 AM, 19th August 2023, About 3 years ago
Looney Left Shelter are out to screw anyone and everyone
PRs is stuffed get out while you can
Member Since August 2014 - Comments: 175
3:58 PM, 19th August 2023, About 3 years ago
Reply to the comment left by Stella at 19/08/2023 – 10:54I believe Shelter and Polly Neate are a Government bought and paid for controlled opposition for the purposes of being a fake representative of tenants.
They will loudly shout the message that the Government wants the public to hear, ie all tenants are victims and all landlords are greedy.
Most likely Shelter are not the only ones pretending to represent the interests of tenants.
Possibly the NRLA is a fake representative for landlords as they are much quieter and more reserved than Shelter and do not raise as much opposition as they could do.
If the Government planned and facilitated a takeover of the PRS on behalf of the corporations then most likely they will have considered all aspects of the operation, including how to control the message regarding two of the major stakeholders affected, ie tenants and landlords.
Member Since June 2023 - Comments: 188
5:32 PM, 19th August 2023, About 3 years ago
The Government is clueless, (any Goverment is clueless) but dangerous
Looney Left Shelter and Generation Rent are anti PRS are dangerous
Between them they have killed PRS There is now a scramble to get out of PRS and the even more dangerous thing is they haven’t a clue why
Sell Sell Sell