Landlords beware: Tenants are getting Savvy with their Rights!
Rights as Tenants
According to Landlord Action, a company specialising in tenant eviction, a rise in rent arrears cases has been followed by an increasing number of tenants defending eviction cases at court and appealing judges' decisions, with figures of defended cases rising from 9% last year to an all time high of 13%, so far this year.
Paul Shamplina, founder of Landlord Action, says "Landlords are suffering as listed county court closures are putting pressure on neighbouring courts to manage the workload". According to Paul, this is extending the time it takes for landlords to get cases through the court.
Paul says "A delaying tactic used by tenants, such as filing a defence on the day of the hearing making it difficult for the judge to grant a possession order within the listed five minutes, is resulting in many cases being adjourned to consider further evidence." Paul continues "These, often sham defences, put forward so the tenant can remain in a property for longer rent free, are putting amateur landlords in financial hardship through expensive court costs and loss of rent until the second hearing. In some circumstances, we have landlords who will continue a rent arrears case and try to evict the tenant under section 21, possession only cases."
Tenant Eviction Case Study
In a recent instruction for Landlord Action, a landlord had an eviction date of 27th October, the tenant has since been to court to appeal the case on the grounds of disrepair, something which was not mentioned at the first hearing. We did not receive notification of appeal and the judge has allowed the tenant to file a defence and counterclaim against our client, whose case has now been adjourned until February 2012, leaving the landlord extremely distressed as the tenant is not currently paying any rent and is having to fund the property out of their own pocket, meaning they are likely to be running their rental property at a loss and could end up having it repossessed.
Kate Faulkner of independent property website Designs on Property says "too many landlords don't have the skills or experience to evict a tenant in the correct legal way. With caseloads building up at court level, it is vital to make sure you take the correct current legal steps to evict a tenant", as such Kate concludes "if you aren't an expert at evicting tenants, then call in experts like Landlord Action, who are more likely to save you money in the long run."
Paul Shamplina, Founder of Landlord Action
Tel: 0208 906 3838
FREE HELP FROM THE DESIGNS ON PROPERTY EXPERTS!
Have a letting property question? GET AN ANSWER! ASK US via our PROPERTY FORUM, email enquiries@designsonproperty.co.uk or call 0845 838 1763.
Buy our Buy to Let Property Pack - includes three month's FREE 1:1 support!
