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Friday 9 August 2019

Landlords having to wait 22.5 weeks for a Court hearing


According to the Residential Landlord Association, it now takes private landlords an average of 22.5 weeks from making a claim to the courts for a property to be repossessed to it actually happening, up from 21.6 weeks since the beginning of the year, new data shows.

One major problem causing the backlog is that the courts are unable to cope when landlords look to repossess properties for legitimate reasons using a Section 8 Notice.

The Government is currently in consultation on proposals to scrap Section 21 repossessions which give landlords access to an accelerated repossession.  If Section 21 is scrapped, there will be a significant increase in cases brought to the courts via Section 8 and the Government MUST publish plans for court reform to create more capacity and bring the current 22.5 weeks to 8 weeks or less.

The Government is being bullied by organisations such as Shelter who have adopted the banner ‘No-fault evictions’ and made that banner synonymous with Section 21 Notices.  This is just wrong.  If a few rogue landlords are finding ways to end tenancies for unlawful or unreasonable reasons, it is that which should be the focus of Government attention and not the accelerated repossession that 95% of landlords and their lettings agents use properly and as originally intended.

Without Court reform, this misguided new legislation will result in further Court congestion, a flood of Section 8 notices and landlords who have to wait 30 weeks or more to repossess their properties for legitimate reasons.

Coming hot on the heels of punitive tax reforms for landlords, and the tenant fee ban which has increased landlord costs, landlords who are already questioning whether to sell their properties, will be pushed out of the market for good.  This in turn will reduce the supply of private rented accommodation at a time when demand has never been higher.

Government has interfered enough in this market, and should not pile more pressure on landlords who already feel battered and bruised.

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