“In another case, which was due to be heard on Monday September 6 at Medway County Court, we were informed on Friday September 3 that due to a lack of judicial time, the hearing could not go ahead and there was no availability to move the case to another judge. We were asked for dates to avoid in the next 12 months suggesting that is how long it could be delayed for.”
According to Landlord Action, 90% of its enquiries are from landlords seeking legal clarification, wanting to evict tenants in arrears, or wanting to sell and exit the buy to let market.
“Many landlords who speak to us express their concerns over non-payment of rent and the continual changing of the process which is now costing them more than they bargained for. The change back to pre-pandemic notice periods cannot come soon enough but we are having to warn landlords about delays in gaining possession due to the requirement for review hearings and a backlog of cases” says Paul Shamplina, founder of Landlord Action.
The changing legislation, which before October 1 2021 required landlords to provide proof of significant rent arrears in order to avoid a lengthy wait to serve notice, means there has been a shift in the type of notice landlords serve. Landlord Action says since June, 65 per cent of notices served have been Section 8 (the vast majority relating to rent arrears) and 35 per cent have been Section 21, no fault.
“Historically, a Section 21 notice was the quickest way to gain possession. Even though, in many cases, landlords forfeited their right to recoup lost rent (as this can only be achieved by using a Section 8 notice), most landlords accepted this was the quickest way to get their property back. Now we are seeing delays across the board, there is negativity by many landlords as to their future plans in the private rented sector” concludes Shamplina.
First reported in LandlordToday