0:02 AM, 24th July 2023, About A year ago 9
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New figures released by the Ministry of Justice have revealed a surge in Section 21 ‘no-fault’ eviction court proceedings initiated by landlords and letting agents in England.
According to the data, between January and March 2023, 6,820 landlords started eviction proceedings – that’s up 16% from last year.
There have been 61,000 no-fault eviction court cases started since 2019, which is when the government unveiled its bid to abolish section 21.
And in the first quarter of this year, landlord repossessions in county courts rose by 69%, compared to last year.
Now property software firm Veco says this rapid increase highlights the challenges that landlords and agents face to repossess a property when tackling anti-social behaviour and rent arrears.
It says that navigating the complex legal landscape has become increasingly cumbersome for many landlords which has led to lengthy wait times for possession.
The firm says that tribunals and county courts are facing significant strain, leading to long wait times for possession.
Some cases have been reported to take as long as 37 weeks from the initial claim to actual possession.
And it could be more than a year before a rent arrears case reaches the court, further exacerbating the challenges faced by landlords.
Veco’s chief executive, Richard Murray, said: “It is vital that agents ensure they present the courts with a pack of succinct information that is clear and unambiguous to minimise further delays and secure the desired outcome.
“It is likely that under the new Rent Reforms, no-fault eviction cases will require absolute ‘proof’ that the tenant is at fault.
“The end of Section 21 will make it harder for agents to evict tenants, and they will have to consider the grounds they plan to use for evictions and ensure they have enough evidence to support their cases.”
He adds: “One of the main challenges for agents is that they may need to rely more heavily on one of the 17 grounds for eviction, which can complicate the eviction process.
“They will need to find more evidence and documents to support their grounds for eviction, which can be challenging if they have failed to store accurate records.”
Mr Murray says that agents should consider going ‘100% digital’ to ensure accurate record keeping and complying with the upcoming law.
The chief executive of Woodstock Law, Carly Jermyn, said: “Lawyers love documents and evidence, and more importantly, so do judges.
“With the end of no-fault evictions on the horizon, landlords will need to prove the grounds they wish to rely on in court to gain possession.
“It’s no longer just about following a strict process. Tenants will have the opportunity to respond and will often have the support of well-trained advocates who can pick apart a weak or poorly presented case.”
She adds: “Possession hearings are usually only listed for a short 10–15-minute hearing, so sound, reliable and well-presented evidence will make a huge difference to the prospects of a landlord gaining possession at the first hearing, or successfully responding to a more complicated defended claim.”
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Gary Lowden
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Sign Up10:45 AM, 24th July 2023, About A year ago
There is no mention to the truth behind these figures that the increase is due to so many landlords being fed up to the back teeth and just plan and simply selling!!. Lets not forget the So called No fault eviction is there because landlords don't have to give a reason for giving notice. So if there is going to be a change lets put in that there has to be a reason when giving notice, (This will shut up people like shelter and generation rent) then we will se accurate figures Such as "Landlord selling because of rent areas, anti social behaver, and also can not take any more stupid legislation, that only serves as a revenue earner for the idiots who are in charge!. For over 25 years the PRS has been plugging a gap in the housing market because what ever government has been in power they have failed time, and time again to build more housing. Now they have turned on the foundation that has propped them up and those pops are leaving in droves! So of course without Props the hole lot will come tumbling down. In what world do you think a landlord (Business') world want to get rid of a tenant that pays on time and looks after the property. Why would they want to loose income.
Tony Johnson
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Sign Up11:46 AM, 24th July 2023, About A year ago
I'm joining them today
Sec 21s served.
"My property
My choice"
Tony Johnson
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Sign Up11:55 AM, 24th July 2023, About A year ago
Reply to the comment left by Gary Lowden at 24/07/2023 - 10:45
Indeed.
Why do we never hear of: "No fault Tenants leaving in the middle of the night having trashed the place with unpaid rent "??
For every 1 bad Landlord there are 100 bad tenants.
The attitude of the media and government is highly one sided and targets the Landlord.
Notice period needs to be equalised too, tenants should no longer have the luxury of a shorter notice period to leave than the Landlord, if we are to have a "fairer system".
Also those in Shelter advocating to prohibit Landlords from renting a property for 12 months after a no fault eviction should also expect the same restriction on Tenants.
Leave a property without a valid reason and not paying outstanding rent should prohibit the tenants from living in rented accommodation for 12 months.
When you put it like this you can see how ridiculous and inequitable the demands of these clueless Marxists are.
Dino Saw
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Sign Up12:43 PM, 24th July 2023, About A year ago
Well I am currently serving several Section 21’s on tenants that are not really the best, however, I have sort of put up with them really as it’s easier to keep them in the property and have a bit of extra work managing them.
Now with the new reforms coming in and S21 being removed I have decided it’s going to be more complicated and I could be faced with bigger problems later.
Landlords only evict for a good reason and we try to keep tenants as long as we can….
So we’ll done the do gooders you have just made 2 families homeless and I now have 2 new families paying rent at 20% more than the last to cover my additional costs with the new reforms creating more admin tasks, property checks and evidence logs…
JB
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Sign Up16:49 PM, 24th July 2023, About A year ago
Who's paying for all this extra evidence we'll need in court?
The good tenants of course!
Reluctant Landlord
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Sign Up17:05 PM, 24th July 2023, About A year ago
Reply to the comment left by JB at 24/07/2023 - 16:49
ALL tenants will pay. ALL rents will go up.
From 2022 I raise the rent annually after a rent review. Not a case of shall I, but a case of how much. If a tenant gives notice now at any time, the rent is immediately put up.
It goes towards my personal GoFundMe 'eviction cost' kitty..... 😉
Reluctant Landlord
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Sign Up17:13 PM, 24th July 2023, About A year ago
Reply to the comment left by Dino Saw at 24/07/2023 - 12:43I will do the same with my tiresome tenants nearer the time when the abolishion dates are firmed up.
I expect more cash to be thrown at the issue by the councils for benefit tenants due for eviction simply just to keep them in the property (especially if it is just down to rent arrears).
I might be all ears....
Mr Asif
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Sign Up20:37 PM, 24th July 2023, About A year ago
Reply to the comment left by Gary Lowden at 24/07/2023 - 10:45
Very good
Tracey Fairly
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Sign Up18:50 PM, 25th July 2023, About A year ago
Can someone tell me is it necessary to have a valid Landlord's Electrical Safety Inspection Certificate in order to serve to section 21 notice? I have had differing advice.