A new, properly funded housing court is urgently required to cope with proposed regulatory changes, according to the Residential Landlords Association (RLA).
With the government consulting on ending the use of Section 21 repossessions in the private rented sector the number of repossession cases going through the courts is expected to increase dramatically.
Although the consultation commits the government to developing a simpler, faster process through the courts for repossession cases, the RLA is concerned that no detailed plans have yet been made.
The landlord association believes that a new housing court would help speed up and improve justice for landlords and tenants.
It also wants this to be matched by a clear commitment to ensure that landlords have to wait no more than 10 weeks between submitting a case for a property to be repossessed to it actually happening.
According to the RLA, courts across the country are failing to follow their own rules when it comes to the speed of dealing with repossession cases, with many not “dealt with expeditiously and fairly”, in accordance with civil procedure rules.
The rules show that from a landlord making a claim through the courts to a property actually being repossessed should be around nine weeks. The government’s own data, however, show that it is taking more than 22 weeks.
David Smith, policy director for the RLA, said: “Whilst the government talks the talk on court reform it is failing to walk the walk. Words alone will not improve the court system for tenants or for landlords.
“What is needed is a firm plan for a fully funded housing court which reverses cuts that have made access to justice more difficult and take far too long. Tinkering with the existing system is simply not good enough.
“Without such fundamental changes the government’s plans to reform the way landlords can repossess properties are dead on arrival.”
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No need for Special Court or housing Court just leave Section 21 alone, you still have 5 days until the 12th October 2019 to change your mind and avoid the worst Recession ever known.
It’s already done an dusted mate it’s going moving quietly to inforced under the radar regulated tenancies. Fed up being a landlord doesn’t cover it for me
All other EVICTION circumstances apart from rent defaulting should be moved to S8.
Automatically then S21 becomes a fault based Eviction process as it could only be used in cases of rent defaulting.
Then the possession process needs to be sped up.
So I would suggest no Court Action should be required.
A LL should be able to remove a tenant the day after the 2nd rent default with Police assistance if necessary.
Very few rent defaulting tenants would leave willingly.
This would mean that a LL could remove the tenant very quickly.
Essentially it would be after 1 month and 1 day as that would be 2 month's rent default if rent paid in advance.
The tenant would need to prove that rent defaulting had been reduced to 1 month of arrears.
Tenant could literally do this by handing cash to the LL to pay the 2nd month of rent arrears.
So for a practical purposes a tenant would know they could only risk being 1 month in rent arrears.
The fear of being booted out by the LL the day after the 2nd month rent default will prevent tenants taking the p###!
To avoid a 2nd month rent default payment would have to have been cleared funds.
A cheque on the day wouldn't be sufficient.
S21 is mostly used for rent defaulting tenants in the PRS.
Of course any LL who evicts because of alleged rent defaulting and it is then discovered the LL had been paid would require immediate readmittance to the property by the LL.
This would rarely occur.
Indeed most LL would wait a couple of days to confirm rent hadn't been paid.
So I have no problems with an enhanced S8 but leave S21 for rent default cases only.
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