7th
Mar 2014
On the back of industry speculation that the government is looking at introducing new structures to make the eviction process quicker for private landlords to evict bad tenants, a rent recovery and tenant eviction service is calling out for speedier evictions.
News has just reached P.I.M.S.co.uk that the government has requested housing charities and landlords to start a working group looking at how best to quicken the existing landlord eviction process.
Having to go through the legal process at court leads to lengthy delays in ousting bad tenants and can take between six to twelve months and of course means that landlords can lose many thousands of pounds during that period.
Not receiving rent over some time will see some unfortunate landlords unable to keep up with mortgage payments.
The speed up of the process will help those landlords who are experiencing severe problems with tenants who have anti social behavioural issues and those that refuse to pay their rent.
The managing director of the rent recovery and tenant eviction service feels that a new speedier process would be good for better tenants, as it would encourage more landlords into the private rented sector providing a higher level of choice.
Greg Kinnear, managing director says: “We do not feel that there is a real need to alter the grounds of securing a vacant possession or the methods by which a landlord can gain possession of their property.
"What we would like to see is a swifter possession service which will reunite the landlord with their property in a timelier manner. This will help to minimise the losses incurred by many landlords and may even encourage further landlords to enter the market place, which would help to address the current housing shortage in the UK.
“At the same time introducing a swifter eviction process will also support decent tenants looking for rented accommodation as they will be able to replace troublesome tenants much quicker than is currently the case.”
PIMS Comment
Sadly we suspect a lot of lip service and PR the underlying strategy of Homeless organisations is to make the eviction process more cumbersome. An example is the requirement that a Section 21 notice cannot be taken to court if it has been in existence for any longer than 3 months.
Landlords are the only people who have a vested interest in speeding up the eviction process, and to be frank we are not exactly the politicians priority. As always there is an agenda and let's just hope that any review does not end up with one step forward and three steps taken back ! - The introduction of a minimum tenure of 12 months is also on the cards and if passed there is a real danger of increasing losses.
If genuine justice is to prevail then the
Appeal Case of PIMS member Roger Spencer should be should be upheld and deemed as valid if a Section 21 is provided no less than two months in length. This alone will simplify the eviction process and prevent delays due to the landlords giving an invalid notice.
Should this case be allowed to be to proceed to the Supreme Court it also challenges the validity of savings clauses, hence this is why it is so important !
Example expiry date The Tenant receives a Notice dated to expire in two months and 14 days. The law says it should have expired two months and 6 days. Even though the Tenant gets more time the Notice is invalid - pure nonsense what loss has the Tenant suffered ? The landlord then has to serve a new Notice and having to wait nearly three months. During this period of time the landlord will not receive ANY payments -
What a Stupid law and this is why PIMS has made a significant contribution to this keep the appeal ruling upheld. See case
Appeal Case of PIMS member Roger Spencer
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