Government ‘Think-Tank’ Update

Landlord Action At Government ‘Think-Tank’ Update.

Last Friday I attended my second workshop Think Tank with the governments Private Sector Property Division, in respect of Speeding Up Evictions, which was highlighted in the last report by the Government on the private rented sector, present were trade associations NLA, RLA, Landlord law, ARLA, RICS, BPF, Shelter together with the Ministry of Justice.We discussed the overriding problems, of the councils advising tenants to stay in the properties, until an eviction date was sought, which was effectively passing the problem on to landlords, as there was a massive shortage of available properties from the councils.  Should the council being offering better mediation once a section 8 notice for arrears is served.Also the overriding fact of massive amount of monies being spent by the Government of emergency temporary housing.It was clear from the Department, that the minsters did not want to mess around with ASTs.

I very good point raised was that a section 21 notice did not have a life span.We also gave our views with regard to the recent cases of Super strike –v- Rodrigues and Spencer –v- Taylor’s (a blog on this will follow)Our proposal is to have the courts offer PCOL possession claims on line for Accelerated Section 21 applications.We will assist the department with a survey to our landlords that have been to court, to assist with information.We have further meetings in February and March and after all our views will be passed on to minsters,  hopefully some changes will be made for the good of landlords and the sector.It’s great the Government are engaging and listening to experts in the industry.

Watch this space.

Precise Treatment Reduces Pain

Detail needs experts. Expert time is worth it when it saves you a costly mistake. Main objective: Get the property back. Best action: Very precise treatment.

Serving a notice is actually the most important part of the possession process.

It isn’t complicated but one tiny error can cause dreadful problems.

That’s why we say, don’t DIY and don’t use internet amateurs. It’s not worth it.

1. Compliance Errors
If the tenant doesn’t leave at Step1, the notice had better be valid. Because then it has to go to court. Any little error can get a case thrown out. And you have to start all over again.

2. Attempting Short-Cuts.
In an effort to be quick, some internet services aimed at landlords are using short-cuts around the process. But if the tenant doesn’t leave (50%) these practices can backfire at court and the case thrown out.

3. Trying to Save Pennies.
Internet services have mushroomed and landlords can expect to get what they pay for. To get the process done PROPERLY it takes a certain amount of time for an expert to look over a file and be accurate. Our fees cover that expert time.

Chasing courts for dates, arranging advocates and preparing court papers is time consuming. Especially if you’ve never done it before.

Some landlord and agents have served notices themselves. They believed they were saving a few pounds but it often ended up costing them more.

If you lose a claim, the court can order you to pay the tenant’s defence cost, which can run to hundreds or thousands of pounds.

Our in-house Solicitors are there to get your property back as fast as they can. And we protect landlords and agents from themselves.

As experts, we know that in the rush to get things done, errors can happen. And those errors can can come back later to mess up your case – and the whole process has to start again.

You can speed things up – give us accurate information quickly. Help us to help you.

There are services on the web who will prepare papers BUT they get you to pay the court-fee separately and get you to sign the court papers – so in fact they don’t represent you!

If your notice (at Step1) wasn’t drafted or served correctly you risk wasting your court fees and losing a whole lot of time because of a small error.

We won’t let your case anywhere near a court until we have checked every little detail. To make sure you don’t waste time or money, at Step-2 we first only charge part of the fee.

If your notice is fine, then you just pay the balance of the fee and we issue the claim. If there is a problem with your notice or paperwork, we will advise you what to do next.

Courts take the view that possession proceedings can make someone homeless. So they are very careful. If there’s any error in the notice, they throw the case out. It’s the process. Get it right or lose.

If the notice is invalid, you have to start all over again. The weeks or months you’ve waited are wasted. If there were rent arrears, there are now more.

If there weren’t rent arrears, they might now start. More fees. More lost rent. And still no possession. Tenants can be alerted to making a counter-claim.

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