Landlord Action wants more evictions moved to the High Court
Evictions can be a terrible experience for everyone involved; from a tenant’s point of view, it means they may end up without a place to live, and from a landlord’s point of view, they may feel guilty for evicting a tenant, or bogged down in legal paperwork. Here at CPS Homes, in case of disputes, we try and help our landlords and tenants come to amicable agreements before things spiral to the point where an eviction is needed. However, in some cases, evictions are necessary as a last resort.
Evictions can be quite time consuming due to the number of legal issues that have to be addressed, but Landlord Action is now campaigning for more evictions to be heard in the High Court instead of the County Court as a way of speeding up the process.
Why does Landlord Action want this change?
Landlord Action has stressed that it currently takes far too long for a landlord to evict tenants from their properties, especially if the tenants are non-responsive. Once a landlord has issued an eviction notice, tenants typically have around 30 days to move out, but this is usually longer if the tenants appeal the eviction notice.
If a tenant remains in the property after the notice period, a landlord needs to apply for a County Court bailiff to evict the tenants, and many bailiffs don’t have appointments for up to three months. Landlord Action believes this delay is having a serious financial impact on landlords across the country (especially if the eviction is linked to the tenants’ failure to pay the rent), and therefore, by moving eviction cases from County Courts to the High Court, this delay can be avoided.
What does Landlord Action want to do?
Landlord Action has written to the Ministry of Justice to propose that a clear directive be given to County Court judges to allow them to transfer eviction cases to the High Court when bailiffs are unable to evict tenants for more than 4-6 weeks. Between January-April 2015, according to a survey by Landlord Action, only 16.5% of the cases where a judge requested an eviction case be moved up to the High Court were approved and did go to the High Court. This indicates that many landlords were left with tenants in their properties for longer than the notice period while waiting for bailiffs, and because many tenants don’t pay rent in this situation, landlords were likely left out of pocket.
Paul Shamplina, founder of Landlord Action, stressed that landlords are suffering because judges are unable to move eviction cases up to the High Court. He continued to say that landlords are unable to recover lost rent for tenants staying in their properties after the notice period, and they are also unable to make repairs or improvements for their next tenants.
Here are CPS Homes we understand that evictions are uncomfortable for both parties. If you’re a landlord or tenant currently going through eviction proceedings, we can offer you expert advice and guidance going forward. To find out more about how we can help you, contact us today on 02920 668585 or email enquiries@cpshomes.co.uk. Also, landlords, don’t forget that Rent Smart Wales is being introduced this year, and we can help you prepare!
The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.
