Landlord Action Comments On MPs Bill

Landlord Action Comments On MPs Bill To Stop ‘Retaliatory Eviction’.

Paul Shamplina, Founder of Landlord Action, is advising Liberal Democrat MP for Brent Central, Sarah Teather, to act with caution in her proposed Private Members’ Bill to stop “retaliatory evictions”.  Shamplina says without proper guidelines and enough resources to manage this process, tenants could use it as a loophole against those reputable and responsible landlords.

He comments “We accept there are rogue landlords manipulating and preying on tenants in a very buoyant lettings market and they should not be able to get away with evicting simply because a tenant has asked for repairs. However, we have also experienced cases where tenants have purposely caused damage to a property to show greater disrepair problems for the benefit of a court case.”

Paul Shamplina says the proposed bill needs to be looked at with caution. He continues “The complexities of determining what is deemed ‘reasonable repair’ will require consideration and considerable resource to avoid possession claims being unnecessarily thrown out. Landlord must still be able to use Section 21 notices if they need their property back to sell or live in themselves, for example.”

Landord Action says there would need to be a greater number of Environmental Health Officers, who are already overloaded, in order to properly investigate properties reported under ‘Retaliation Eviction – S21. “There must also be something worked into the Bill which will ensure tenants give landlords sufficient access to the property in order to carry out the said repairs. This is a major complaint of landlords who come to Landlord Action” says Paul.

He continues “The majority of landlords are good respectable people who will happily carry out repairs, and my concern is that, if not thought out and implemented correctly, such proposals could end up being detrimental to those good landlords. There needs to be firm guidelines as to how this is going to be actioned and I would advise Sarah Teather to consult landlord organisations and expert companies in respect to helping with the detail of this Bill.”

Mr Shamplina also puts into question the figures quoted by Shelter suggesting more than 200,000 people a year are evicted, or served with an eviction notice, after complaining to their landlord about a problem that was not their responsibility. “I would be interested to see how these are broken down as the figures seem surprisingly high” concludes Mr Shamplina.

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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