Increasing number of tenants defending eviction cases
This year we have seen a rise in rent arrears cases, which have been followed by a sharp increase in 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. Because of this, landlords are suffering as listed county court closures are putting pressure on neighbouring courts to manage the workload, which with an increase in defended cases, is taking even longer, all the while leaving landlords without rent.
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. 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.
In a recent instruction, a landlord we are working on behalf of 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.
Whilst some landlords carry out thorough due diligence, others pursuing rent arrears do not comply with their care of duty as a landlord in relation to reported repairs and maintenance issues, something which should be upheld even if the tenant is in arrears. In this instance, if the case goes to court, quite rightly tenants have grounds to defend the case put against them, along with the support of free legal advice by duty solicitors which is now available to tenants.
Let this be a warning to all landlords: without staying on top of any problems that may arise with the property itself, you could be in for a massive headache in delays due to last minute defence pleas.