Top Five Busiest Courts For Landlord Possession Claims

Landlord Action Names Its Top Five Busiest Courts For Landlord Possession Claims.

As the latest research by housing charity Shelter reveals 17 of the top 20 hotspots for eviction and repossession are in London, leading tenant eviction firm, Landlord Action, says the Capital’s County Courts are struggling to keep up with demand, listing its current busiest courts for landlord repossession claims  as Central London, Willesden, Barnet, Clerkenwell & Shoreditch, and Croydon.

The number of people renting in London has grown at an astonishing rate, now accounting for around 25% of the capital’s population, but many of the systems and processes to support this have simply not kept pace, according to Landlord Action. It says London courts are overstretched by the level of possession proceedings, with many of them even using administration centres to process the claims, rather than handling the processing in-house.

Julie Herbert, Head of Legal at Landlord Action says “There is a continued lack of resource available to deal with the processing of claims and a limited number of judges to hear cases, especially in areas which are more heavily tenanted, and/or have a high volume of residents that have been impacted by cuts to housing benefit, therefore, more likely to be facing eviction.”

Landlord Action says it tries where possible to mediate between landlords and tenants so that disputes are resolved before they require court action. However, with cuts to housing benefit, a lack of affordable housing supply in the capital and tenants having greater knowledge of the system, many cases still end up this way, with 25% of Landlord Action’s business going through those names as the top five busiest London courts.  This means longer waiting times for landlords to the cost of thousands in lost rent, which can result in lenders threatening repossession proceedings.

Offering the following advice to London landlords facing this situation, Ms Herbert says “The best thing landlords can do is ensure their property paperwork is always in order i.e. tenancy agreements, deposit protection, correct notices served. Even those that don’t need to start eviction proceedings could well find themselves in such a position in the future, so it’s a good idea to get a “health-check” on current paperwork so that any issues apparent now, can be put right for a later date. Any slight error could see a claim struck-out, which having just waited 8 weeks for a hearing date, would result in a landlord having to start the process all over again. Another two months lost rent.”

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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