62% Of Landlord Notices Are Incorrect

Study Carried Out By Landlord Action Reveals 62% Of Landlord Notices Are Incorrect.

Landlord Action has carried out a study of the last 200 instructions received from landlords and letting agents that have served their own legal notices on tenants (Section 8 and Section 21). The findings reveal that 62% of these notices were deemed incorrect, which meant they were invalid or posed a greater risk of being thrown out at court; resulting in the need for new notices to be served.

Some landlords choose to serve notices themselves as a cost saving exercise, but Managing Director of Landlord Action, Paul Shamplina, warns mistakes in eviction notices are among the most common reasons for delays and increased costs when a landlord tries to recover possession from a tenant who has an Assured Shorthold Tenancy (AST). “I understand the need for landlords to consider every cost but I can’t stress enough that the notice is the most important part of a possession court case and the slightest mistake can end up costing a landlord significantly more than the cost savings – in extra legal fees, delays and lost rent.”

The study carried out by Landlord Action found the top five reasons for notices being invalidated are:-

1. Incorrect expiry dates

2. Failure to comply with deposit legislation

3. Inaccurate accompanying rent arrears schedules

4. The method of how the notice was served

5. Typing errors on the notice

Mr Shamplina explains “Over the last year, we have encountered an increasing number of problems with notices served by landlords and agents. As a result, our legal department has carried out a full analysis of our last 200 cases, not only to get a true reflection of how common this is, but also to find out exactly what mistakes are being made. Unfortunately, some landlords and even agents are still making classic errors when drafting and serving notices.

The worst case scenario for a landlord desperate to regain possession of a property is to be three months down the line and find they have to start the whole process all over again, costing them a small fortune in legal fees and lost rent. That’s why in cases where we are not instructed to draft the notices, we carry out a full ‘health check’ on notices/legal paperwork, before it is filed at court.”

Landlord Action will email an advice note to any landlord or agent that has served notice themselves highlighting any errors and stating the risks these could pose at court.  If completely incorrect, they will advise that it must be re-served.

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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