Residential Tenant Eviction. Housing authority policy
Is your local authority being open with you?
To qualify for housing assistance from their local authority some tenants find that they actually are required to be evicted.
Landlord Action hears of too many instances where local authorities and housing departments are not totally open with landlords. They may say things like “let’s wait and see” or “circumstances may change” when in fact, nothing will change.
They know full-well that their policy is to force the landlord and tenant through the whole eviction process. By not revealing that from the start, they delay the landlord’s legal action and so keep the tenant in the property for even longer.
The real problem is a terrible shortage of social housing. So it seems the authorities are trying to buy time. The tenant stays in the property while the authority asks the landlord to wait for “change”.
Then, when nothing happens the tenant has another long period in the property while they go through the full eviction process from having notice served, to court proceedings, to bailiff eviction.
When authorities are not open about their policies, the start of the legal process is delayed and so the tenant is in the property for longer. The housing shortage has forced the authorities to act like this – and landlords are paying the price in lost rent, court fees and legal costs.
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.